The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, there was no injury suffered by the victim due to the instant accident, and there was no need to take measures, such as aiding and abetting the victim, the judgment of the court below which recognized the Defendant as committing a violation of the Act on the Aggravated

B. In light of the shock level, etc. of the instant accident with respect to the violation of the Road Traffic Act, there was no need to take measures to prevent and remove the instant violation since there was no likelihood of traffic danger and impediment.

The court below found the defendant guilty of this part of the facts charged is erroneous or misunderstanding the legal principles.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment, and whether the facts charged were raised in the trial by the prosecutor.

subsection 9 of this section and section 2 of this section.

Inasmuch as the subject of the trial was changed by this Court’s permission, the original judgment based on the original facts charged cannot be maintained any more.

However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to this court's trial despite the above amendment of indictment, and this is to be tried separately in the following paragraphs.

B. (1) In order to establish a crime of escape driving under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the result of the death or injury must arise to the victim, and annoyinginginging person to the extent that it cannot be assessed as a "injury" under Article 257(1) of the Criminal Act is no longer necessary to treat the victim as a superior agent.