The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The judgment below found that the Defendant, while driving alcohol while drinking alcohol, was under the control of drinking alcohol by the police officer, fleded while driving alcohol at a distance of about 20 km, such as signal violation, central line collision, and reverse driving. Such scambling is not easy to commit a crime that may cause serious harm to the life and body of others as well as himself/herself, and the Defendant was parked in the way that he/she had a vehicle parked on the way during the escape. The Defendant continued to escape without taking any measures after the occurrence of such an accident, and the Defendant committed a crime that causes a traffic accident while driving alcohol on around 2012, etc., and thus, was sentenced to suspended sentence due to a crime that causes a traffic accident, etc., that is disadvantageous to the Defendant.

However, in light of the following: (a) the Defendant appears to have committed the instant crime while recognizing the instant crime; (b) the Defendant was punished separately for driving the instant drinking; (c) the direct damage caused by the instant crime was not significant; (d) the vehicle driven by the Defendant was covered by a motor vehicle comprehensive insurance; and (e) the damage inflicted upon the victim E appears to have been recovered; (c) the Defendant was living in prison for a considerable period of time in the instant case; and (d) the Defendant’s age, sex behavior, environment, motive and circumstance of the instant crime, means and consequence; and (e) other sentencing conditions indicated in the instant records and arguments, such as the circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as follows.