Defendant shall be punished by a fine of KRW 3,500,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (two years of suspended execution of a fine of three million won and forty hours of an order to attend a compliance driving) against the accused against the summary of the grounds for appeal is unreasonable because it is too uneasible.

2. The instant crime was committed in that the victim suffered injury requiring approximately 11 weeks of medical treatment due to the instant traffic accident, which has a high value as a result.

Since the above traffic accident occurred due to the defendant's use of the signal violation, the crime of this case is not very small value.

These circumstances are disadvantageous to the defendant.

On the other hand, the above traffic accident also led to the rapid speed exceeding 110km/h.

The defendant was covered by the comprehensive motor vehicle insurance, and he wanted to take the action against the defendant by agreement with the victim.

Before the traffic accident, there was no criminal punishment against the Defendant.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor'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 it is again decided as follows.

【Reasons concerning Prosecution】 The entry of each column of the judgment below in accordance with Article 369 of the Criminal Procedure Act shall be quoted as it is in the original judgment.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. We examine the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.