The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant, even after leaving the scene of the instant crime with her husband, left the remaining site where the victim thought that there was no need for rescue because she waited for several minutes, and did not return to the scene. Therefore, there was no intention of escape and there was no fact that the Defendant escaped.

Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) and the violation of the Road Traffic Act (the measures not taken after the accident) is erroneous or erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award thereof), the term "if the driver of the accident runs away without taking measures as provided by Article 54 (1) of the Road Traffic Act, such as aiding and abetting the damaged person" as provided by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means the case where the driver of the accident runs away from the scene of the accident before he performs his duty as provided by Article 54 (1) of the Road Traffic Act, such as aiding and abetting the injured person despite the awareness of the fact that the injured person was killed and injured (see Supreme Court Decision 94Do1850 delivered on September 13, 1994) and caused an accident and caused an undetermined state (see Supreme Court Decision 94Do1850 delivered on September 13, 199). In light of the legislative purport and legal interests and protection of the provisions of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is necessary to take measures under Article 54 (1) of the Road Traffic Act.

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.

Article 5-3 (1) of the Act.