The judgment of the court below is reversed.

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

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the defendant is an unfavorable circumstance that is likely to cause a traffic accident, and thus, the central crime was committed, and the escape was committed, the victims’ injury, and the degree of damage of damaged vehicles, etc.

However, there are more favorable circumstances such as the fact that the defendant recognizes and reflects the crime of this case, the first offender, the self-denunciation of the defendant, the fact that the vehicle driven by the defendant is covered by the automobile comprehensive insurance, the victims E, I, and G do not want the punishment for the defendant.

In full view of these circumstances and the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

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 summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. 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, Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;