The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is as follows: (a) there was no injury suffered by the victim due to the instant accident; and (b) there was no need to take measures such as aiding and abetting the victim; and (c) therefore, the judgment of the court below which recognized the Defendant as

2. Determination

A. In order to establish the crime of escape driving under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, annoying, which is extremely extremely difficult to be assessed as "injury" under Article 257 (1) of the Criminal Act, shall not constitute the crime of this Article in a case where it is difficult to deem that the crime of this Article is committed because annoying, which is extremely difficult to be assessed as "injury" under Article 257 (1) of the Criminal Act, needs to be treated as an upper state (see, e.g., Supreme Court Decision 97Do2396, Dec. 12, 197). In addition, in light of the legislative intent and legal interest of the provision on the aggravated punishment of escape drivers under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, when it is deemed necessary to take measures, such as aiding the victim's age and part of the injury, and circumstances after the accident, etc., even if the accident driver does not take measures such as aiding the victim.

(See Supreme Court Decision 2007Do2085 Decided May 10, 2007, etc.). B.

According to the evidence duly adopted and examined by the lower court and the trial court, the victim was inspected on September 3, 2012 at G Hospital on the ground of the pain on the part of the elbow part of the elbow part of the instant accident, which was three days after the date of the instant accident, and was provided with physical treatment, medication, etc., and was discharged after being hospitalized until September 5, 2012.