The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The crime of this case is committed while the defendant is under the period of a repeated crime and escaped after causing a traffic accident due to the drinking driving, and the victim who concealed the defendant, and thereby causing an injury to the victim as well as the injury caused by the sacrife by the saf, which is considerably high in the numerical value of the defendant at that time, and is disadvantageous to the defendant, such as the fact that the defendant has a criminal history of the same crime (violation of the Road Traffic Act, the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Settlement of Traffic Accidents, the defendant's vehicle is not covered by liability insurance, and the defendant's vehicle is not covered by liability insurance, and the defendant is led to the confession and reflect of the crime; the defendant does not want the punishment of the defendant; the defendant does not want the punishment by agreement with the victim except for the above repeated crime; the defendant's motive and circumstance of the crime; the defendant's age, character, family relationship, environment, etc., the above argument of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, the Criminal Act.