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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order to treat the injury suffered by the accident in the instant case, the Defendant left the scene immediately after the accident occurred and went to the hospital. However, even though the Defendant took necessary measures for dealing with the accident by having his relative report the accident to the insurance company, the lower court convicted him of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine on the crime of violation of the Road Traffic Act (refusal measures) and thereby adversely affecting the conclusion of the judgment.
B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.
2. The purport of Article 54 (1) of the Road Traffic Act regarding the assertion of mistake of facts or misapprehension of legal principles is to ensure safe and smooth traffic by preventing and removing any traffic danger and impediment on the road, not to restore the victim's damage. In such cases, measures to be taken by the driver shall be taken appropriately according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be taken to the extent ordinarily required in light of sound form
I would like to say.
(See Supreme Court Decision 2009Do787 Decided May 14, 2009, etc.). Meanwhile, a traffic accident under Article 54(1) and (2) of the Road Traffic Act requires a driver, etc. to promptly take necessary measures, such as providing relief to casualties caused by a traffic accident, when a person is killed or injured or damaged by a vehicle due to the traffic accident, and imposes a police officer to notify the occurrence of the traffic accident and to take appropriate measures for the relief of the victim, restoration of traffic order, etc., so long as the result of the traffic accident requires measures for the relief of the victim and restoration of traffic order, the obligation is a traffic accident.