The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the Defendant had been punished twice due to driving under drinking, he/she left the scene without taking necessary measures after causing the instant traffic accident during driving under the influence of drinking, and thus, the nature of such crime is not weak.

On the other hand, the fact that the defendant repents and reflects his mistake, that the defendant has no record of being punished in excess of the fine due to the same crime, that there was no personal injury due to the traffic accident in this case, and that physical damage was restored by the motor vehicle comprehensive insurance subscribed to the defendant vehicle.

It appears that the blood alcohol concentration at the time of the instant crime was relatively high, and the fact that the blood alcohol concentration at the time of the instant crime was reached in the depth and that the driver of the victimized vehicle agreed smoothly with the driver, etc. is favorable to the Defendant.

In addition, in consideration of all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, health condition, motive of the crime, and circumstances after the crime, the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of failing to take measures after an accident) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the punishment shall be added.]