The judgment below is reversed, and the case is remanded to Jeju District Court Panel Division.

The grounds of appeal are examined.

1. "When a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, etc." referred to in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act") means a case 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 victim, and brings about a situation in which it is impossible to confirm who caused the accident, while the driver of the accident recognizes the fact that the victim was killed or injured, and where the driver of the accident determines whether the driver of the accident runs away from the scene of the accident with his/her criminal intent before performing such duty, he/she shall comprehensively consider the details and details of the accident, the part and degree of the injury suffered by the

(see, e.g., Supreme Court Decisions 2008Do8627, Jun. 11, 2009; 2012Do1474, Jul. 12, 2012). Meanwhile, Article 148 of the Road Traffic Act is established when a driver, etc. fails to take necessary measures under Article 54(1) of the Road Traffic Act. “Duty to immediately stop after a traffic accident and provide assistance to casualties” under Article 54(1) of the Road Traffic Act refers to the duty to immediately stop and take necessary measures, such as providing relief to casualties, unless there are circumstances such as the incidental traffic danger by immediately stopping.

(see, e.g., Supreme Court Decisions 2006Do3441, Sept. 28, 2006; 2010Do16027, Mar. 10, 201). 2. Of the facts charged in the instant case, the fact that the violation of the Act was committed and each of the violation of the Road Traffic Act (not taking measures after the accident), the lower court held that the Defendant was responsible for the violation of the Act on Special Treatment (not taking measures after the accident) at the scene of the accident.