The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

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

2. The judgment is based on the following facts: the Defendant, who was punished for the violation of the Road Traffic Act due to the act of violating the act of driving under the influence of alcohol such as this case, escaped at the site without causing traffic accidents while driving under the influence of alcohol, and without taking relief measures; and not only the amount of blood alcohol concentration as well as the nature of the crime and the criminal intent in that it is reasonable that the amount of each of the crimes of this case which the Defendant denied at the court below, is against the defendant's depth through confinement life remaining 2 months after being admitted to the facts of the crime of this case, and there is no history of criminal punishment exceeding the fine, and there is no history of criminal punishment exceeding the fine. In addition, the court below's punishment is too unreasonable, considering the Defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and all of the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and behavior, the motive and result of 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.

【Discrimined Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to the corresponding column of the judgment of the court below, except for the alteration of “1. The Defendant’s partial statement” as “1. The Defendant’s oral statement” in the first instance judgment to “1. The Defendant’s oral statement”. As such, they are cited as it is in accordance with Article 3

Application of Statutes

1. Destruction of things under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts.