The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Determination that the Defendant had the record of being punished several times due to drinking driving and unlicensed driving, and that the Defendant was sentenced to suspended sentence for the same kind of crime, that the blood alcohol concentration of the instant blood alcohol level is high, that the Defendant left the site without taking necessary measures after the occurrence of a traffic accident due to drinking driving, and that the quality of the crime is not less than that of the Defendant’s disadvantage.

On the other hand, however, the court below's sentence is somewhat inappropriate in full view of all the circumstances such as the defendant's age, character and behavior, environment, occupation, circumstances leading up to the crime of this case, and circumstances leading up to the crime of this case, and the sentencing conditions indicated in the records, including the following: (a) the defendant recognized the facts charged in this case; (b) compensates the repair cost of damaged vehicles and agreed with the victim; (c) the defendant has no record of having been sentenced to punishment; (d) the defendant was detained for about three months due to the crime of this case; and (e) he seems to have sufficiently impaired the seriousness of punishment due to drinking and the repetition of unlicensed driving; and (e) the defendant supports a child neglected after the divorce; and (e) other circumstances that are sentencing conditions indicated in the records, such as the defendant's age

Therefore, the defendant's argument is justified.

3. In conclusion, 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 with merit.

Criminal facts

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

Application of Statutes

1. Article 148, Article 54(1) of the Road Traffic Act, Article 148, Article 148-2(1)1, and Article 44 of the Road Traffic Act concerning the crime;