The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The judgment is based on the circumstances favorable to the defendant that the defendant transferred the vehicle that the defendant had in depth and owned, and deposited 5 million won for the victim, the vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance, and the degree of injury suffered by the victim is not heavy.

However, when considering the circumstances unfavorable to the defendant, such as the fact that the blood alcohol concentration at the time the defendant was high at 0.180% and the situation of the accident was caused by the obvious negligence that makes it difficult to commit a crime not under the influence of alcohol, considering the circumstance of the accident, the so-called crime of this case is necessary to strictly punish the so-called crime as a crime of the so-called crime of drinking water. In addition, the defendant, after the accident, has escaped a large distance from the victim who was salved, and the circumstances after the crime were very dangerous, the defendant had been punished twice due to drinking driving, and the victim wanted to punish the defendant.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after causing damage to the article);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.