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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal in this case is that the victim suffered injuries, such as fluoral dynasium, which require treatment for about one week, and the damaged vehicle was damaged to cover KRW 50,800 for repair costs.
Although the Defendant temporarily stopped after the occurrence of the instant traffic accident, the Defendant did not provide the victim with an opportunity to make a statement, and left the site without any relief measures without notifying his contact address or personal information.
The court below found the Defendant not guilty of the facts charged of this case, or erred by misapprehending the legal principles.
2. Determination
A. "When the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act such as aiding the victim, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident runs away from the scene prior to fulfilling his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he/she knew of the fact that the victim was killed due to the accident. However, even if the driver of an accident went away before performing his/her duty under Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes such as aiding the victim, he/she cannot be punished for a violation of Article 54 (3) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes even if he/she went away from the scene prior to performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim.
In addition, the purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles that occur on roads, and to cause physical damage to victims.