The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)] Since the injury of the victim caused by the instant accident cannot be deemed as a case requiring relief of the defendant as the injury of the victim is insignificant, the defendant does not take measures such as aiding the victim and leaving

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

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as prescribed by Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and the legal interest and protection thereof, it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting a person who actually suffered damage.

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 should be objectively and clearly expressed that relief measures are unnecessary on the part of the victim, or that there is no need for other emergency measures, at the time immediately after the accident.