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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not know at all that the injured person was injured at the time of the instant accident. During the conversation with the victim as a matter of agreement, the injured person entered the vehicle into the vehicle to close the door and asked the Defendant to handle the instant case, and went to board and gather the taxi, and later, the police officer got the personal information and telephone number of the Defendant, so it does not leave the scene of the accident due to the intention of escape.
Nevertheless, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles), or erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
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 and the protection of the legal interests and interests thereof, it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim actually.
If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.
Even if a special case does not constitute a crime of violation of Article 5-3(1) of the Act; however, whether there was a need to take measures, such as aiding and abetting the damaged person, should be determined by comprehensively taking into account the following: (a) the course and details of the accident; (b) the age and degree of the injured person’s injury; and (c) the circumstances after the accident. However, there was no need to take measures, such as aiding and abetting the injured person, in light of the fact that Article 54(1) of the Road Traffic Act imposes emergency relief responsibility on the person
In order to recognize it, it is not necessary to actively express that relief measures are unnecessary on the part of the victim or to take other emergency measures.