The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of misunderstanding of facts cannot be deemed to have suffered an injury to the extent that it is necessary to take relief measures at the time of the accident.

Therefore, the judgment of the court below that found the defendant guilty of the charge of this case on the ground that he did not perform his duty to take relief measures by leaving the scene of a traffic accident. In so doing, the court below erred by misapprehending the legal principles on the violation of the Act

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is applicable.

In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment of Drivers and the legal interest and protection thereof, if it is not deemed necessary to take measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of victims, the accident driver shall not take measures such as aiding the victims, and even if the accident driver leaves the place, the crime of violation of Article 5-3 (1) of the Aggravated Punishment Act shall not be committed.

However, whether it was necessary to take measures such as aiding and abetting the victim should be determined by comprehensively taking into account the course and contents of the accident, the age and degree of the victim's injury, and the circumstances after the accident. However, in light of the fact that Article 54 (1) of the Road Traffic Act grants emergency relief responsibility to the person who caused the accident, the victim actively expressed that it is unnecessary to take relief measures in order to recognize that there was no need to take such measures as aiding and abetting the victim.

There is no need to take other emergency measures, and it should be objectively and clearly disclosed at the time immediately after the accident, and it is big to the movement of the victim immediately after the accident.