The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds of appeal is as follows: (a) the injury suffered by the victim C at the time of the instant accident is extremely minor and does not reach the degree of need for relief measures; (b) thus, even if the Defendant left the site, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the crime of gambling”).

2. Determination as to the establishment of the crime of escape and driving

A. In order to establish the applicable legal doctrine of escape driving, the result of the victim’s death and injury must arise, and annoying, to the extent that it cannot be assessed as “injury” under Article 257(1) of the Criminal Act, is no longer necessary to treat as an upper part, and thus, in a case where it is difficult to deem that such act infringed on health conditions, the above crime is not established (see Supreme Court Decision 2008Do3078, Oct. 9, 2008).

Judgment

피해자 C은 수사기관과 당심 법정에서, 이 사건 사고 당시 깜짝 놀랄 정도로 차체에 충격이 있었고, 허리, 목이 아파 움직이기가 불편했으며, 다치지 않았는지 확인하기 위하여 병원에 입원해 엑스레이를 찍고 주사, 링거, 근육이완제 투약 등의 치료를 받았다고 진술하였고, 피해자를 치료한 진료기록부에 허리와 경추부의 통증에 관한 기재가 있기는 하다.

However, the following circumstances acknowledged by the record: ① at the time of the instant accident, the Defendant’s automobile contacts the victim’s left-hand side of the taxi at the time of the instant accident, and ② this damage was caused by the victim’s taxi, but the body appears to have not occurred such as flag, except a flag, and ③ the victim also stated that the body of the vehicle was only repaired to the extent that the body is partially colored in addition to the replacement of the blag, and the repair cost in the estimate is only KRW 130,00.