The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the defendant's misunderstanding of facts did not contact the victims immediately after the traffic accident of this case and left the scene of the accident, since he reported the traffic accident to the insurance company while leaving the scene of the accident with the understanding of the taxi driver, it cannot be deemed that he did not take measures such as aiding the victims. Thus, the judgment below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts.

The punishment (fine 5 million won) imposed by the court below on the defendant is too unreasonable.

Judgment

1) The phrase “when a driver of an accident runs away without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” as provided in Article 5-3(1) of the same Act refers to a case where the driver of an accident does not take measures under Article 54(1) of the Road Traffic Act despite the victim’s awareness of the fact that he was killed due to the accident and brings about a situation in which it is impossible to confirm who caused the accident by leaving the accident place (see, e.g., Supreme Court Decisions 2005Do3605, Jan. 27, 2006; 2005Do3605, Jan. 27, 2006; and in light of the legislative intent and legal interest of the above provision on the Aggravated Punishment, etc. of the Drivers, whether the driver of the accident actually takes measures such as aiding the victim, etc. should be determined by comprehensively taking into account the situation and contents of the accident, the victim’s age and degree of the injury, and subsequent circumstances.

(1) shall be deemed to be an emergency; or