The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. Summary of grounds for appeal;

A. In light of the fact-finding or misunderstanding of legal principles and various circumstances after the occurrence of the instant traffic accident, the degree of shocking the victims’ body was not enough to be assessed as an injury under the Criminal Act, or there was no need to take relief measures. Since the Defendant did not recognize such a fact, there was no intention of escape.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts or misunderstanding of legal principles 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is applicable.

"When the driver of an accident has escaped without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim" refers to cases where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, brings about a situation in which it is impossible to confirm who caused the accident as a person who left the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc.

Therefore, in order to establish the above crime of escape driving, the result of death and injury must arise to the victim, and annoying person to the extent that it cannot be assessed as “injury” under Article 257(1) of the Criminal Act is an upper state, and thus, in a case where it cannot be deemed that the above crime of escape driving infringed on the health condition, the above crime is not established.

On the other hand, in light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as provided in Article 5-3 of the Act and the legal interest and protection thereof, it was necessary to take measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim actually.