The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant’s act constituted “dominence” as stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) by misapprehending the legal doctrine (amended by the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), thereby acquitted the Defendant of this part of the facts charged.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment with prison labor for six months suspended, eight hours of community service order, and forty hours of lecture order for compliance driving) is too uneased and unreasonable.

2. Determination

A. The phrase “cases where the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person,” as prescribed by Article 5-3(1) of the Act, refers to cases 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 and abetting the injured person, even though he/she was aware of the fact that the injured person was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed.

Therefore, the purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic. In such a case, measures to be taken by a driver shall be appropriately taken according to specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be the level ordinarily required in light of sound form, and such measures shall include the statement of identity of the driver of the accident to the person related to the traffic accident such as the victim or the police officer.

However, Article 5-3 (1) of the Act provides that the driver who caused the traffic accident does not take measures such as aiding the injured party caused by the accident in the reality that the rapid increase of motor vehicles and traffic accidents is not established in a sound and reasonable traffic order.