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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is as follows: (a) the Defendant stopped the CFX120 passenger vehicles (hereinafter “instant passenger vehicles”) on the sideway at a point where approximately 300 meters elapsed from the point of accident at the time of the instant accident; and (b) informed the Defendant of the accident to the company to which the Defendant belongs; (c) thus, it cannot be said that the Defendant escaped without any obligation under Article 54(1) of the Road Traffic Act, such as aiding the victim.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
2. Determination
A. The "when the driver runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident does not take the measures under Article 54 (1) of the Road Traffic Act despite his knowledge of the fact that the victim was killed or injured, and brings about a situation in which the identity of the person who caused the accident can not be confirmed as the person who caused the accident, and the "measures under Article 54 (1) of the Road Traffic Act" includes the case where the driver expresses his identity to the person related to the traffic accident, such as the victim or police officer (see, e.g., Supreme Court Decisions 200Do5748, Mar. 25, 2003; 2004Do250, Mar. 12, 2004).
Judgment
Examining the following circumstances based on evidence duly admitted and investigated by the court below in light of the legal principles as seen earlier, the court below was just in finding the Defendant guilty of this part of the facts charged, and there was no error by misapprehending the legal principles or misapprehending the facts.
The defendant's above assertion is without merit.
1. At the time, the Defendant driven the instant van, and operates the Young-dong Highway in Seoul at the jurisdiction of the Seoul, along one lane.