The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Summary of Grounds for Appeal

After the accident described in the facts charged in the instant case (hereinafter “instant accident”), the Defendant attempted to leave the site rapidly to conceal the facts driven in a drinking state, and due to the occurrence of an additional accident by taking a speed pedal, other than brack, under the influence of alcohol, under the influence of alcohol.

Nevertheless, the court below held that the defendant did not have the intention of committing an escape on the ground that the defendant was under the influence of alcohol, and there was an error of law by misunderstanding the facts.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Judgment

The lower court determined that the Defendant was guilty of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) within the scope of indictment on the ground that there was no other evidence to acknowledge it, while rendering a not guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) on the ground that: (a) the Defendant’s act of driving after the instant accident and the accident was extremely abnormal; (b) the Defendant was highly likely to have taken the Defendant’s strong behavior using a brake device with a net mistake or actual waterway; and (c) the possibility that the Defendant could have taken the same conditions as that of the early childhood, without removing the outbreak in the speed under the influence of alcohol; and

Comprehensively taking account of the following circumstances acknowledged by the court below, which duly adopted and examined the evidence, the defendant was recognized to have escaped without any measures despite the victim's awareness of the injury caused by the accident in this case and the damage caused by the damaged vehicle.

Therefore, the defendant's crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and violation of the Road Traffic Act is established.