The judgment below is reversed, and the case is remanded to the Gwangju District Court.

The grounds of appeal are examined.

1. As to the elements for establishing the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act of Specific Crimes”),

A. The facts charged of the instant crime of violation of the Specific Crimes Aggravated Punishment Act (domination) are as follows: “The Defendant, while driving a B B B B-II truck and driving a three-way distance in front of D in F-C at the time of leisure, due to the negligence of fining that the Defendant neglected the front bank and the left-hand side, led the victim E (hereinafter “the instant accident”) to shocking down a knife with another car driving on the e-way road facing the front bank and the left-hand side, and escaped without taking measures such as aiding the damaged person by stopping immediately, even though the Defendant suffered from the injury, such as salt, tension, etc. in need of approximately two-day medical treatment for the same passenger G, which requires approximately two-day medical treatment, and even if he/she immediately stops, and instead does not take measures such as aiding the damaged person.

“.....”

B. The lower court found the Defendant guilty on this part of the charges on the ground that the crime of violation of Article 5-3(1) of the Act on the Aggravated Punishment of Specific Crimes was established, regardless of the need for relief measures, if the Defendant, as long as the Defendant was found to have inflicted bodily injury on the victims of the instant accident, went away from the scene without providing the victims with personal information.

(c)

However, we cannot accept the above judgment of the court below.

The reasons are as follows.

Article 5-3 (1) of the Specific Crimes Aggravated Punishment Act does not take measures, such as aiding the victims of death or injury caused by his/her negligence, in the reality that a motor vehicle and a traffic accident are not established in a sound and reasonable traffic order corresponding to the seriousness of the traffic accident.