The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. In full view of the victim's statement, accident site photograph, diagnosis certificate, and estimate, etc., the defendant can be found to have committed an escape, and the possibility that the victim might have escaped on the road, and the victim could have concealed the defendant, and the defendant could not take necessary relief measures under Article 54 (1) of the Road Traffic Act, but the judgment of the court below which acquitted the defendant without sufficient deliberation, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The lower court determined as follows: (a) the details and content of the instant accident, including ① the specific circumstance of the instant accident, were not significant in light of the specific circumstance; (b) the victim’s injury was relatively minor; (c) the victim was divided into the Defendant and did not request rescue or relief measures; (d) the victim was not in a state of being able to confirm the injury of the victim due to the absence of external wounds due to the instant accident; (c) the degree of damage to the vehicle was difficult to operate; and (d) the vehicle was not scattered due to the instant accident; and (d) the Defendant was unlikely to immediately stop the instant accident after the instant accident and talk with the victim to the extent that it was necessary to report the victim’s speech and behavior at the time, etc.; and (d) the Defendant was provided with rescue and relief measures to the extent that it was necessary to confirm the identity of the victim; (e) the details and content of the instant accident including the details of the instant accident, degree and degree of the victim’s injury; and (e) the degree and degree of the damaged vehicle after the instant accident did not need to conclude that the Defendant was in the instant traffic accident.