The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, after the instant accident, misunderstanding of facts, demanded an excessive amount of agreement by the victim, and the Defendant’s conduct and trial of the Defendant occurred, and left the place of fighting.

In addition, the instant accident was a minor accident in which the Defendant’s following wheels was the victim’s birth even. While the Defendant was the victim at the hospital, it can be deemed that the Defendant expressed his/her intent that the victim did not answer to the hospital and requested only the agreed amount and does not need any relief explicitly or implicitly.

As a result, the defendant left the scene of an accident because it is not necessary to take relief measures against the victim, so the defendant did not have a criminal intent to escape.

Nevertheless, the judgment of the court below that convicted the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. The phrase “cases where an accident driver runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes on the part of his/her assertion of mistake, means cases where the accident driver brings about a situation in which it is impossible to determine who caused the accident by leaving the accident site prior to performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person although he/she knows that the injured person was killed or injured.

Therefore, the purpose of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads and ensure safe and smooth traffic. In such a case, measures to be taken by drivers shall be appropriately taken according to specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be ordinarily required in light of sound forms.