The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the court below against the accused (one year of imprisonment) is too unreasonable.

Judgment

In light of the following: (a) Defendant, while driving without a license, has escaped while driving a motor vehicle without a license and had another person make a false statement as if he had caused a traffic accident; (b) however, there is no record of punishment exceeding the fine within the last ten years; (c) Defendant has been punished in depth; (d) the victim who has suffered an injury is not injured; (e) the victim has reached an agreement with the victim in the investigation stage; (e) the Defendant has provided a certificate of disposal of the motor vehicle involved in the accident to another person; and (e) taking full account of all the sentencing conditions indicated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentence of the lower court is unreasonable.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier

1. Punishment;