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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant just stops immediately after the instant accident obstructs the traffic of the vehicle following the instant accident, and does not look at the victim’s condition. The defendant was willing to escape from the scene of the accident because he did not discover the damaged vehicle even though he stopped in the vicinity and reported a traffic accident to the jurisdictional district and returned to the place of the accident.
shall not be deemed to constitute a case of escape.
2. Determination on the grounds for appeal
A. "Cases where a driver of an accident runs away without taking measures as prescribed in Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" referred to in Article 5-3 (1) of the Road Traffic Act means cases where the driver of an accident immediately stops the accident and leaves the accident place without taking measures as prescribed in Article 54 (1) of the Road Traffic Act, such as aiding the victim although he/she recognizes the fact that the victim was killed or injured due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed, such as aiding the victim, and "the driver, etc. after the traffic accident shall immediately stop" referred to in Article 54 (1) of the Road Traffic Act means the duty to immediately stop unless there are circumstances such
(See Supreme Court Decision 2006Do3441 Decided September 28, 2006, etc.). In determining whether an accident driver, prior to performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting a victim, he/she shall comprehensively take into account the details and contents of the accident, the parts and degree of the victim’s injury, the degree of negligence of the accident driver, the age and gender of the accident driver and the victim, and the circumstances after the accident.
(See Supreme Court Decision 2012Do11675 Decided May 24, 2013, and Supreme Court Decision 2008Do8627 Decided June 11, 2009, etc.) (b).
The judgment of the court below and.