The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. misunderstanding of facts or misunderstanding of legal principles, ① The degree of injury inflicted on the victim by the instant accident is extremely minor, and thus, it cannot be deemed as constituting “injury” under the Criminal Act.

② In addition, the degree of shock caused by an accident is limited to the degree of shocking between the chief string of the vehicle. The defendant was unable to recognize the occurrence of the accident itself because the inside of the taxi that the defendant driven at the time was unable to extinguish by radio sound with passengers. The defendant did not have any intention to commit an escape.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

Judgment

A. (1) Determination as to the assertion of misunderstanding of facts or misapprehension of the legal principles (A) In order to establish a crime of escape under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), the result of thought should arise to the victim. In order to establish a crime of escape, simple danger to life and body, or injury cannot be assessed as “injury” under Article 257 (1) of the Criminal Act, annoyingly, to the extent that it does not need to be treated as an upper part, and thus, the health condition was infringed.

In a case where it is difficult to see that the above crime is not established (see Supreme Court Decision 99Do3910, Feb. 25, 2000, etc.). Meanwhile, in light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as prescribed by Article 5-3 of the Act and the protection of such legal interests, etc., it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding the victim actually, etc.

If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.

Even if a special case does not constitute a crime of violation of Article 5-3 (1) of the Act, but whether there was a need to take measures such as aiding and abetting the injured party is the details and details of the accident.