The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, observation of protection, and 40 hours of order to attend a law enforcement) is too unhued and unreasonable.

2. The judgment appears to be contrary to the Defendant’s recognition of the instant crime, and the agreement with the victim, and the degree of injury suffered by the victim or the damage of the damaged vehicle is relatively minor, etc. are favorable to the Defendant.

On the other hand, the crime of this case, which caused a traffic accident while driving without a driver's license, is bad in the quality of the crime of this case, and the defendant had been punished for the violation of the Road Traffic Act and the Road Traffic Act by causing an accident while driving a motor vehicle in around 2015 and escaping from the accident. On the other hand, there was a history of punishment for the violation of the Road Traffic Act and the Road Traffic Act (driving after the accident), and there was a lack of awareness of compliance with the traffic law.

On the other hand, there is a need to shoulder the awareness about the violation, which is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, and various sentencing conditions as shown in the pleadings, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident), and Article 152 subparag. 1 of the Road Traffic Act.