All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) was not negligent in relation to the occurrence of a traffic accident, and the Defendant was unable to feel shocked with the damaged vehicle, and there was no intention to escape from the scene without the awareness of the occurrence of the accident.

Since the injury suffered by the victim can be naturally cured, it is difficult to evaluate it as an injury under the criminal law.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, which found the Defendant guilty of the facts charged.

(2) The sentence of the lower court (an amount of KRW 6 million) which is unfair in sentencing is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protection of such legal interests, it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting a person actually damaged by the driver of 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.

Even if there is no violation of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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 not necessary to actively express that relief measures are unnecessary on the part of the victim or to take other emergency measures.