The judgment of the court below is reversed, and the case is remanded to the Seoul Northern District Court Panel Division.

The grounds of appeal are examined.

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 or a police officer, etc.” refers to cases where the driver of an accident leaves the scene of the accident before fulfilling his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, although he/she knew of the fact that the victim was killed or injured, resulting in a situation in which it is impossible to determine who caused the accident. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic danger and impediments that occur on the road and ensure safe and smooth traffic flow. In such cases, measures to be taken by the driver shall be considered to be necessary in light of the substance and degree of damages of the accident, and such measures shall be included in the calculation of his/her life and identity, but the provision of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the driver of the traffic accident shall be subject to protect his/her personal and ethical interests.