The judgment of the court below is reversed, and the case is remanded to the Gangnam Branch Branch Court Panel Division.

The grounds of appeal are examined.

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” refers to 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 a victim, although he/she knew of the fact that the victim was killed due to an accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic danger and impediments that occur on the road and ensure safe and smooth traffic by preventing and removing them. In such a case, the measures to be taken by the driver shall be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, to the extent that it is ordinarily required in light of a

However, in the reality that the provisions of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the traffic accident are not established in a sound and reasonable traffic order corresponding to the car and the traffic accident, considering that the driver who caused the traffic accident by his negligence does not take measures such as aiding the injured party of the accident and the possibility of a strong ethical criticism, it is enacted to protect the public interest of traffic safety by aggravated punishment as well as to protect the personal legal interests of the injured party, such as the safety of life and body of the injured party due to the traffic accident, and in light of the legislative intent and legal interests of the Act, the escape is made before the driver of the accident performs his duties provided in