The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (three years of imprisonment) is too unreasonable.

Judgment

In light of the following: (a) the Defendant, while driving a drunk, committed an accident in violation of his/her signal and escaped; (b) the Defendant did not have any particular criminal record other than once before a fine is imposed on the Defendant; (c) the Defendant agreed with his/her bereaved family; (d) the Defendant living in custody for more than six months; (c) the blood alcohol content at the time of the instant case was 0.092%; (d) the blood alcohol content at the time of the instant case was about 0.092%; (e) the Defendant’s vehicle was subject to comprehensive insurance; (e) the Defendant’s vehicle was covered by comprehensive insurance; and (e) all the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, environment, circumstances after the commission of the crime, etc., are 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) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime (the point of driving sound and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments in the crimes of bilateral crimes);

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Social services and orders to attend lectures under Article 62-2 of the Criminal Act;