The judgment of the court below is reversed.

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

However, for a 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 (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The defendant has no record of criminal punishment in the Republic of Korea.

A victim of a traffic accident does not want to punish the defendant due to the recovery of damage.

On the other hand, the following is disadvantageous.

In this case, the defendant's act of causing a traffic accident while driving under drinking and unlicensed conditions, runs away as they are, and then illegal uttering of official documents in order to avoid his responsibility, and the criminal and criminal nature are very good. Therefore, even if the defendant is a foreigner, it is necessary to strictly punish the defendant, considering that he is a foreigner.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable

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.

Criminal facts

The summary of the facts charged and the evidence admitted 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 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 148, Article 54 (1) of the Road Traffic Act (the point of taking measures after destroying goods), Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.