The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. The summary of the reasons for appeal (one year and ten months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, while driving a drinking beverage while driving the vehicle, caused personal and physical damage to the victim by causing a traffic accident, and escaped without taking necessary measures, such as aiding the victim after the occurrence of the accident in this case, and the responsibility for the crime is very heavy.

However, the defendant reflects his criminal act, is divided, and the degree of injury of the victim and the degree of physical damage are not much serious.

The defendant deposited 2 million won for the victim in the first instance.

Examining the aforementioned circumstances and the various conditions of sentencing as shown in the records and arguments of this case, such as equity with the sentencing of similar cases identical or similar to the defendant, the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, records of the crime, etc., it is deemed that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since 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 following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as the corresponding column of the judgment of the court below. Thus, they are 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 related to the crime, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the occupation of a person who does not take measures after the accident);

1. The crimes under Articles 40 and 50 of the Criminal Act (the crimes under Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes under the Road Traffic Act).