The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. The instant case is driving a motor vehicle without a driver’s license by the Defendant.

In light of the fact that the occurrence of a traffic accident causes injury to the victims, while not taking measures, such as aiding the victims while destroying the damaged vehicle, and the nature of the crime is not less vulnerable to the escape, and that the case is in the previous case, the defendant shall not be subject to strict liability.

B. Meanwhile, there are favorable circumstances for the Defendant to take into account, such as the fact that the Defendant was not sentenced to imprisonment, the Defendant led to the commission of a crime, and the commission of a mistake, the degree of damage is relatively minor, and the victims and the primary school students’ children are supported by the wife and the primary school students.

In addition, considering the Defendant’s age, character and conduct, family relationship, living environment, motive, details and result of the crime, and the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and 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, Article 148 and Article 54(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply), Article 151 of the former Road Traffic Act, Articles 152 subparagraph 1 and 43 of the former Road Traffic Act, Article 152 subparagraph 1 of the former Road Traffic Act, Article 46 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012).