The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. The Defendant had a record of having been punished several times due to the same kind of crime, and in particular, the Defendant is driving under influence of alcohol at around 2019.

It is not only one year after the occurrence of an accident, but also one year, so there is a high possibility of criticism.

The driver left the accident due to drinking driving, but returned to him, and re-driving.

However, considering the fact that the defendant's mistake does not repeat the crime, that there is no less punishment than the fine due to the same kind of crime, and that social ties are obvious, the punishment of the court below is considered unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, 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 with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Determination of the grounds for appeal on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, which include discretionary mitigation of sentence of selective imprisonment, shall be based upon the conditions of sentencing as set forth in the text of the Criminal Act.