The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant confirmed the victim’s condition immediately after the occurrence of the accident, and solicited the victim to leave the hospital on several occasions, but the victim's fine was merely a fine to leave the scene of the accident, and the injury actually suffered by the victim was also insignificant.

Therefore, there was a need to take relief measures against the victim, or there was a criminal intent to commit an escape.

subsection (b) of this section.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of the legislative intent and protective legal interests, etc. of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, determination of the misapprehension of the legal doctrine is necessary to take measures under Article 54(1) of the Road Traffic Act, such as: (a) the driver of an accident actually aided the victim; (b) taking into account all the details and details of the accident; (c) the victim’s age and degree of injury; and (d) circumstances after the accident.

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.

Although Article 5-3 (1) of the Road Traffic Act does not constitute a violation of Article 5-3 (1), the existence of the need to take measures when an accident occurs shall be determined by comprehensively taking into account the victim’s injury level and degree, the content and circumstances after the accident, the time and period of commencement of treatment, the age and health conditions of the victim, etc. (see, e.g., Supreme Court Decisions 2007Do2085, May 10, 2007; 2010Do1330, Oct. 14, 2010). Meanwhile, there was no need to take measures, such as providing relief to the victim in light of the fact that Article 54 (1) of the Road Traffic Act grants emergency relief responsibility to the person who caused the accident.

In order to recognize it, the victim actively expressed that relief measures are unnecessary on the part of the victim or other urgent measures.