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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the point of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);
A. The victim H did not board the damaged vehicle at the time of the instant accident, and thus did not have any injury due to the instant accident.
B. Even if the victim H sustained an injury, it cannot be said that the victim sustained an injury under the Criminal Act to the extent that relief measures are needed.
C. At the time, the Defendant did not recognize that the victim sustained an injury to the extent that it was necessary to take relief measures, and there was no intention to commit an escape.
Nevertheless, the judgment of the court below which convicted the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) was erroneous and adversely affected by the judgment.
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 the legal interest and protection thereof, in a case where it is not acknowledged that the accident driver required to take measures under the provisions of Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, even if the accident driver left the place where the accident occurred without taking measures such as aiding the victim, the crime of violating the provisions of Article 5-3 (1) of the Road Traffic Act should not be established. However, whether there was a need to take measures such as aiding the victim in fact should be determined by comprehensively taking into account the course and contents of the accident, the victim's age, degree and degree of the injury, and 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, it is recognized that there was no need to take measures such as aiding the victim.
(b) there is no need to take any other emergency action.