The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In light of the course and content of the instant accident, the victim’s injury part and degree, the Defendant’s negligence degree, and circumstances after the accident, etc., it cannot be deemed that there was a need to take relief measures against the victim at the time. 2) In light of the degree of shock and damage caused by the instant accident, the degree of damage, the location of the victim after the accident, etc., it cannot be deemed that

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the escape after occupational injury, in light of the legislative intent of the provision on the aggravated punishment of the escape vehicle driver under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protected legal interest thereof, if it is not acknowledged that the accident driver required to take measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, etc., even if the accident driver does not take measures such as aiding and abetting the victim, the accident driver does not constitute a violation of Article 5-3 (1) of the Road Traffic Act. However, whether it was actually necessary to take measures such as aiding and abetting the victim, the determination should be made by comprehensively taking into account the situation and contents of the accident, the victim's age and degree of the injury, and the circumstances following the accident, etc., and 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, the victim expressed that it is unnecessary to take measures such as aiding and abetting the victim.

The circumstances that do not require any other emergency measure should be objective and clear immediately after the accident, and only immediately after the accident.