The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime with the record of criminal punishment due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

After the accident, the victim's dynamics in nearby areas did not take necessary measures despite the fact that the defendant was aware of the accident and escaped, and the quality of the crime is heavy, and the victim is not less than 6 weeks of treatment, and the degree of damage caused by the injury, such as salt, tension, etc.

However, the defendant recognized the error of the crime of this case and is in depth against it.

The defendant has paid 4 million won and the victim has applied for the wife of the defendant in consultation with the victim.

It is clear the social interest of the defendant, such as living together with his parent and working as a production worker in the factory.

In addition, in full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is unreasonable.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is 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, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;