The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, it is sufficiently recognized that there was a need to rescue the victim, and that there was a need to take measures to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles.

Nevertheless, the judgment of the court below that acquitted each of the facts charged of this case is erroneous or erroneous in the misapprehension of legal principles.

2. Determination

A. "When a driver of an accident runs away without taking measures under Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding a victim under Article 5-3 (1) of the Road Traffic Act" means a case where the driver of an accident runs away from the accident site before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim although he/she was aware of the fact that the victim was killed or injured, resulting in a situation in which it is impossible to confirm who caused the accident. In light of the legislative intent and legal interest and protection of the same provision, the crime cannot be punished for the violation of Article 54 (1) of the Aggravated Punishment, etc. of Specific Crimes, even if the driver of the accident deviates from the accident site prior to performing his/her duty under Article 54 (1) of the Aggravated Punishment, etc. of Specific Crimes, such as aiding the victim, taking comprehensive account of the situation and content of the accident, degree and degree of the victim's injury, age and gender of the accident driver and circumstances after the accident.

(See Supreme Court Decision 2002Do6903 delivered on April 25, 2003). The following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ①., the instant case.