The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The punishment of the court below (six months of imprisonment) is too unreasonable in light of the circumstances such as the confession and reflect of the defendant, and the agreement with the victims, etc. of the gist of the grounds for appeal.

2. The crime of this case committed by the Defendant without a driver’s license and without taking necessary measures despite the Defendant’s violation of his duty of care to drive under the influence of alcohol and leaving the scene, and the criminal liability is not minor.

The Defendant has been punished for once or four times due to driving without a license due to drinking.

However, considering the fact that the defendant's wrong living through detention for a certain period, the alcohol content at the time of driving was not high to 0.078% (0.050% after death), the physical damage caused by traffic accidents was completely recovered, and the victims want to be placed in the first place against the defendant in the trial, there is no record of punishment exceeding the suspension of the execution of imprisonment, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, sex, environment, motive and means of the crime, and circumstances after the crime, etc., the sentence of the court below is unreasonable.

Defendant

The argument is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

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) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.