The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

2. The judgment of the Defendant, while driving a crosswalk, got a victim to walk the crosswalk and suffered an injury that requires at least eight weeks of medical treatment, and the Defendant escaped. As the nature of the crime is unreasonable, it is necessary to strictly punish the Defendant, and the Defendant has a history of criminal punishment twice due to drinking driving, etc., which is disadvantageous to the Defendant.

However, in full view of the fact that the defendant is attempting to commit the crime of this case, the fact that the defendant surrenders himself to the crime of this case, and the victim does not want the punishment of the defendant, various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence, circumstances after the crime of this case, and the scope of recommended balancing according to the sentencing guidelines of the Supreme Court Sentencing Commission as to the crime of this case from 6 months to 10 months after the crime of this case (the scope of recommending punishment) in the mitigated area (including special mitigation to 6 months to 10 months) (including special mitigation) in the mitigated area (including serious effort to recover damage), voluntary escape (including special mitigation to 6 months to 10 months), the violation of punishment (including serious efforts to recover damage), and the occurrence of serious danger to life due to escape, it is recognized that the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited 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 the crime;

2. Article 53 of the Criminal Act for discretionary mitigation.