The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

2. Circumstances unfavorable to the judgment: The crime of this case is not likely to be committed since the defendant, while driving a vehicle on an expressway under the influence of alcohol, sustained injury by the victim while driving the vehicle on the expressway, and the defendant also refused to take a measurement of drinking by the police officer following the escape of the accident that causes damage to the damaged vehicle.

On June 23, 2016, the Defendant was sentenced to one year of probation on the grounds of interference with the execution of official duties, and on September 1, 2016, the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on September 1, 2016.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

In the first instance, it was submitted a letter of agreement that the victim of the traffic accident does not want the punishment against the defendant as agreed with the victim of the traffic accident.

The defendant has no record of traffic crime.

In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts (the point of escape after the injury from duty).