The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles as to the part concerning driving cars and post-accidents) and the extent of injury inflicted by the victim due to the instant accident is insignificant and thus, it cannot be deemed that the Defendant’s act constitutes escape, and the Defendant did not have any intention to escape.

The court below found each of the facts charged guilty is erroneous or erroneous in the misapprehension of legal principles.

2. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes 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, etc.” refers to a case where a driver of an accident does not take measures under Article 54(1) of the Road Traffic Act despite his knowledge of the fact that the victim was killed due to an accident and brings about a situation in which the identity of the person who caused the accident can not be confirmed by leaving the place of accident without taking measures under Article 54(1) of the Road Traffic Act, and the degree of awareness of the fact that the victim was killed due to an accident is not dolusent. If the driver of an accident had escaped from the accident site with knowledge that it was not a separate one even though he could have easily confirmed the fact that the accident was caused by the accident immediately after the accident.”

(See Supreme Court Decision 2005Do3605 Decided January 27, 2006). In addition, in light of the purpose of legislation and legal interest and protection of law under Article 5-3(1) of the Act and Article 148 of the Road Traffic Act, the accident driver is in accordance with Article 54(1) of the Road Traffic Act, such as the actual relief of the victim, taking into account the following: (a) details of the accident; (b) the victim’s age and degree of the injury; and (c) the circumstances after the accident.