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.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The following facts: (a) the Defendant had the history of having been punished twice due to drunk driving; (b) the Defendant’s blood alcohol level at the time of driving under the influence of alcohol was considerably high by 0.150%; and (c) the degree of the instant accident is not weak; and (d) the Defendant left the site despite hearing the horses that the victims suffered injuries; and (e) the Defendant’s nature is not good.

However, considering the favorable circumstances, such as the fact that the Defendant appears to recognize and reflect the instant crime, the degree of injury of the victims, the fact that there is no record of a crime exceeding the fine imposed on the Defendant, and the fact that the Defendant agreed smoothly with the victims during the time of the trial, the lower court’s punishment is somewhat unreasonable in light of various sentencing conditions as indicated in the instant argument, including the Defendant’s age, character and conduct, environment, and circumstances after the crime.

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 it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are 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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148 and 54(1) of the Road Traffic Act, Articles 148-2(1) and 44 of the Road Traffic Act.