The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, without knowing the occurrence of the instant traffic accident, left the scene without knowing the occurrence of the instant traffic accident, there was no intention to flee, and the victim was diagnosed but did not need medical treatment, and thus does not constitute escape.

The court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. In light of the legislative intent of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and Article 148 of the Road Traffic Act, if it is not deemed necessary for an accident driver to take measures under Article 54(1) of the Road Traffic Act, such as providing relief to the victim, the accident driver would not take measures such as aiding and abetting the victim, and even if the accident driver actually left the scene, it does not constitute a violation of Article 5-3(1) of the Special Cases Act or a violation of Article 148 of the Road Traffic Act. However, the necessity of taking measures at the time of the accident should be determined by comprehensively taking into account the victim’s injury level and degree, the contents and period of medical treatment, the time and contents of medical treatment, the age and health condition of the victim, etc., and the case should be determined in such a case where the defendant directly with the victim so that he could not easily give the victim an opportunity to provide relief or she could not have any need to do so.