The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. As long as the Defendant was punished by a fine due to a violation of the Road Traffic Act (the measures to be taken after an accident), the Defendant committed the instant crime, and the Defendant committed a dangerous escape due to the commission of one-way passage after the accident, and the Defendant committed an act of assault, etc., which is disadvantageous to the circumstances after the commission of the instant crime in the situation where the Defendant was committed in prison as the instant case, including: (a) the recognition of the instant crime; (b) the Defendant reflects his mistake; (c) the Defendant has no criminal record exceeding the fine; (d) the Defendant has agreed with the victim; and (e) the Defendant has agreed with the victim, and all other sentencing conditions specified in the records and arguments, such as the Defendant’s age, character and behavior, environment, background, details, results, and circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to be unfair

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is 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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for the reversal of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation shall be determined as ordered by taking into account the following circumstances in light of the reasons for the reversal of sentencing.