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The judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. At the time of the accident of mistake of facts, the victim E did not have to take relief measures because the degree of injury was extremely minor (the Chapter 1), and the defendant left the site with the mind that the victim might suffer from a climatic and drinking driving, and the defendant did not have an intention to escape since he did not intend to get the wall back because the cash inside the wall was known, and there was no intention to escape.
(Chapter 2). (b)
The sentencing of the first instance court of unfair sentencing (the fine of four million won) is too unreasonable.
2. Determination
A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and the protected legal interest of the provision on the Aggravated Punishment, etc. of the Aggravated Punishment of Specific Crimes against Chapter 1, if it is not acknowledged that there was a need for an accident driver to take measures under Article 54(1) of the Road Traffic Act, such as providing relief to the victim, etc., even if the accident driver actually left the place for the accident, it does not constitute a crime of violation of Article 5-3(1) of the Aggravated Punishment, etc. of Specific Crimes Act. However, whether it was necessary to take measures such as providing relief to the victim should be determined by comprehensively taking into account the details and contents of the accident, the age and degree of the victim, and the circumstances after the accident. However, in order to recognize that there was no need to take emergency relief measures such as providing relief to the person who caused the accident under Article 54(1) of the Aggravated Punishment, etc. of Specific Crimes, the victim expressed that it is unnecessary.
It should be objectively and clearly revealed immediately after the accident that there is no need to take other emergency measures, and it is only an accident.