The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, who was aware of the fact, escaped from the scene to conceal drinking driving even though he was injured by a traffic accident, the lower court, without aiding the victim, caused the Defendant to escape from the scene of the accident and brought about an undetermined situation as a person who caused the accident and caused the

It is difficult to see that there was a need to take measures to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles.

Since it is difficult to see it, there is an error of misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and its legal interests, etc., it is necessary to take measures pursuant to Article 54(1) of the Road Traffic Act, such as aiding and abetting the actual victim of the accident, by comprehensively taking into account the details and contents of the accident, the age of the victim and the degree and degree of the injury, circumstances after the accident, etc.

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 there is no violation of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In addition, 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 on the road, not to restore the physical damage of the victim. In this case, measures to be taken by the driver of the accident should be taken appropriately according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures normally required in light of sound form.