The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Error 1) The degree of injury of a victim due to the instant accident cannot be deemed natural healing when there is no need for treatment, and it cannot be deemed that it constitutes an injury under the Criminal Act, and the Defendant did not recognize the fact that the victim sustained the injury in light of the victim’s condition, behavior, etc. at the time. In addition, it does not constitute a case where the victim and the Defendant moved a vehicle to the edge of a road to handle insurance and leaving the site by driving the vehicle, and thus, the Defendant does not take measures, etc. under Article 54(1) of the Road Traffic Act.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”).

Article 5-3(1) of the Road Traffic Act provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” refers to a situation in which it is impossible for the driver of the accident to confirm who caused the accident, by leaving the scene of the accident before fulfilling his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, even though he/she knew of the fact that the victim was killed or wounded. Therefore, if the crime of escape is established, the result of his/her thought must occur to the victim. In order to establish the crime of escape, the crime of escape must occur, and the mere danger to life and body or the injury cannot be assessed as “injury” under Article 257(1) of the Criminal Act does not require treatment, and thus, if it is impossible to deem that the accident infringed on health conditions, the crime is not established (see, e.g., Supreme Court Decision 9Do3910, Feb. 25, 2000).