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 sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime even though he/she had a history of criminal punishment on several occasions due to drinking and driving without a license.

The crime of this case was committed by the defendant while drinking or driving without a license, and it is not good that the defendant escaped while causing a traffic accident.

However, the defendant has no record of criminal punishment after he/she was sentenced to a fine due to drinking driving on November 2010.

The extent of the victim's injury is relatively minor, and the defendant's vehicle has agreed with the victim except the defendant's liability insurance policy.

In addition, considering all of the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence imposed by the court below is unreasonable.

3. In conclusion, 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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;