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 sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Although the Defendant had been sentenced three times to a fine due to driving under drinking, he/she once drives the instant traffic accident in a drunken state with alcohol level of 0.129%, and eventually caused the instant traffic accident, without taking relief measures, etc. due to an accident, and instead, he/she renders an excessive driving by driving the damaged vehicle in violation of a considerable distance signal by avoiding the trend of the damaged vehicle, and continuously escape by continuing the damaged vehicle, etc., which is disadvantageous to the Defendant. As such, the Defendant did not actively deny that the nature of the crime is very poor, and that he/she did not seem to have an attitude of reflection by the investigative agency to the effect that he/she causes an accident by driving an acting driver, not by himself/herself, until the court of the original trial.

However, in full view of the circumstances favorable to the defendant and other factors such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, etc., the punishment imposed by the court below is somewhat unreasonable and unfair, considering the following factors: (a) the defendant was committed in the first instance, and the victim's injury was not much severe; (b) the victim was paid KRW 3 million to the victim during the first instance trial; and (c) the victim did not want to be punished by the defendant; and (d) the victim did not have any other criminal record other than the three times of fine as seen earlier; and (e) the court below's punishment imposed by the court below is somewhat inappropriate.

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, and the judgment below is ruled again after pleading as follows.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.