The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

provided, however, that a punishment shall be imposed for a period of two years from the date this judgment becomes final.

1. The summary of the grounds for appeal ① As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the measures not yet taken after an accident), among the judgment of the court below by misapprehending the legal principles, the Defendant’s driving of the instant traffic accident caused the instant traffic accident by drinking, and driving the vehicle without stopping immediately after the accident. However, the Defendant’s driving of the vehicle immediately after only 30 meters away from the scene of the accident while stopping the vehicle. As such, the Defendant was willing to escape

In light of the degree of injury to victims and the degree of damage to vehicles, there was a need to immediately stop the defendant and provide relief to victims.

Although it is not possible to view this part of the facts charged, the lower court erred by misapprehending the legal doctrine and thereby affecting the conclusion of the judgment.

② Even if the conviction for sentencing is recognized, each punishment sentenced by the lower court (a punishment of one year, a suspended sentence of three years, a surveillance of protection, a community service order of 280 hours and an order to attend a law-abiding driving lecture of 40 hours) is too unreasonable.

2. Determination

A. In light of the legislative intent and protection of the provisions on the aggravated punishment of drivers of escape vehicles under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, there was a need to take measures under Article 50(1) of the former Road Traffic Act (amended by Act No. 7545) in light of the following factors: (a) comprehensively taking into account the details and details of the accident; (b) the victim’s age and degree of the injury; and (c) the circumstances after the accident, etc., the driver of the accident actually sustained the victim; and

If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.

Even if Article 5-3 (1) of the above Act is not a violation of Article 5-3 (1).

In this regard, whether the above relief measures are necessary or not is the injury of the victim, the contents and the degree of the accident.