The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misunderstanding of legal principles, that an injured person did not have been injured or suffered domestic injury due to the instant traffic accident.

Even if the degree of the injury is relatively minor, it is necessary to take relief measures.

Therefore, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. In an improper preliminary determination of sentencing, the punishment sentenced by the court below (3 million won in penalty) is too unreasonable.

2. Determination:

A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) to determine the misunderstanding of the legal doctrine and the legislative intent of the provision on the aggravated punishment of drivers of escape vehicles and their protection legal interests, it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding the victims of the accident in fact.

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 special circumstances exist, Article 5-3 (1) of the Act does not constitute a crime of violation.

In such a case, whether it was necessary to take measures, such as aiding and abetting the injured person, should be determined by comprehensively taking into account the details and details of the accident, the age and degree of the injured person’s injury, and the circumstances following the accident. However, in light of the fact that Article 54(1) of the Road Traffic Act imposes emergency relief liability on a person who caused the accident, there was no need to take measures, such as aiding and abetting the injured person.

In order to recognize it, it is objective and objective at the time immediately after the accident that the victim actively expressed that relief measures are unnecessary or that other emergency measures are not necessary.