The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (four months of imprisonment and one year of suspended execution) of the lower court is deemed to be too unhutiled and unfair.

2. The degree of damage to the victim’s vehicle caused by the instant accident is relatively minor, and the fact that the defendant does not want the victim’s punishment by mutual consent with the victim is favorable to the defendant.

On the other hand, the following is disadvantageous.

The crime of this case is a bad and bad crime, where the defendant committed a traffic accident that causes damage to the victim by shocking the vehicle while driving under influence, and the defendant immediately stops and does not take necessary measures, and runs away without taking necessary measures.

At the time of the instant case, the Defendant’s blood alcohol concentration was 0.171% higher.

The Defendant committed the instant crime even before the instant case, even though he had a history of criminal punishment twice due to drinking driving.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as the various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, so the Prosecutor’

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. The community service order and the like;