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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)
A. It cannot be deemed that there was a need to take measures to ensure smooth traffic by preventing and removing traffic risks and obstacles at the time of the instant traffic accident, and since there was no need to provide relief to the victim, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") is not
Even if the defendant's act is found guilty, the sentencing of the court below (one year and two months of imprisonment) is too unreasonable.
(F) Determination; 2. Determination
A. Determination of misunderstanding of facts and misapprehension of legal principles are 1) 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 occurring on the road. The driver who has caused a traffic accident shall take measures to the extent ordinarily required in light of a sound form depending on the specific circumstances, such as the content of the accident and the degree of damage. If a driver who has caused a traffic accident immediately drives a vehicle after an accident without notifying his/her personal information or contact details, and deviates from the scene, it is difficult to deem that he/she has taken all necessary measures in that the driver, without notifying the driver of the accident of his/her personal information or contact details, may interfere with the escape himself/herself, and may cause other traffic risks and obstacles to the vehicle. The same applies to a case where a vehicle damaged by an accident suffers a minor physical damage, and even if the wave was not scattered on the road (see, e.g., Supreme Court Decision 2009Do11057, Feb. 25, 2010).
In light of the purpose of legislation of the provisions on the aggravated punishment of the escape vehicle driver prescribed in Article 5-3 and the legal interest and protection thereof.