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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The instant crime is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant did not take necessary measures even though the Defendant caused a traffic accident involving the traffic accident involving the victim while driving a vehicle without a driver’s license; (b) the Defendant had been punished for driving without a license; and (c) the Defendant again committed the instant crime since four months have not passed since he/she caused a traffic accident without a license as stated in the judgment of the court below; (d) the degree of injury suffered by the victim due to the instant traffic accident is not easy; and (e) the Defendant did not reach an agreement with the victim until the depth of the accident; and (e) there was no other circumstance to deem that the Defendant took a separate additional measure to recover damage other than the insurance treatment.
However, all of the crimes of this case are recognized by the defendant, and the defendant went away from the scene without notifying the victim of personal information about the concern that the driving without a license will occur, but relief measures such as contact with the 119 company immediately after the traffic accident of this case were taken, such as allowing the victim to go back to the hospital. Since the traffic accident of this case occurred, the defendant was present at the police station after one hour after the traffic accident of this case, indicating himself as the driver, the staff and the branch of the Chungcheong viewing who works as social work personnel want to take into account the defendant's preference and equality with the case where the judgment was rendered together with the crime that became final and conclusive as stated in the judgment of the court below. Considering the various sentencing conditions shown in the records, the defendant's age, character and behavior, family relations, the background and motive of the crime, and the circumstances after the crime, etc., imprisonment (one year) sentenced by the court below is too unreasonable.