The judgment of the court below is reversed.

The sentence against the accused shall be 15,000,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

A. The punishment of the lower court (a fine of eight million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

It is more favorable sentencing factors such as the fact that the defendant's mistake is recognized as a whole late, the victim's injury is relatively minor, the victim's negligence of driving a bicycle under the influence of alcohol is not significant, and the agreement with the victim is reached.

However, the crime of this case is an unfavorable sentencing factor, including the fact that the defendant, even though having caused a traffic accident while driving without a license, runs away without providing relief to the victim, and that the crime of this case is not very good, that the defendant has already been subject to a two-time driver's license without license, and that the crime of this case was committed during the period of suspension of execution. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., the court below's punishment is deemed to be unfair, and thus, the prosecutor's assertion is reasonable, and the defendant

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a prosecutor is accepted and the judgment of the court below has been reversed, the appeal by a defendant shall not be dismissed separately).” Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence, and thus, they

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and death), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point