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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant, after the instant accident occurred, tried to return the vehicle to the scene of the accident after boarding the vehicle, but was discovered to the police officer and caused the instant accident. However, the Defendant did not escape from the site of the instant accident and did not attempt to escape.
Therefore, although the defendant could not be deemed to have escaped without taking relief measures, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by mistake of facts or misapprehension of legal principles.
2. Determination
A. "A case where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim" in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means a case where the driver of an accident runs away from the scene of the accident before performing 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 an accident, resulting in a situation in
(See Supreme Court Decision 2005Do4459 Decided September 6, 2007, etc.). B.
Examining the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court in light of the legal doctrine as seen earlier, it is reasonable to view that the Defendant, even though he was able to suffer injury to the victim by shocking the victim with a vehicle, left the scene of the accident without taking necessary measures, such as immediately stopping the vehicle and providing the victim with personal information, etc.
Therefore, the defendant's above assertion is without merit.
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