Defendant shall be punished by imprisonment without prison labor for ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The punishment sentenced by the lower court (10 months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant accident resulted in a serious consequence of the victim’s injury, such as spine damage requiring medical treatment for 32 weeks.

However, the defendant is the first offender.

The vehicle driven by the defendant is subscribed to the Korean Trucking Mutual Aid Association, and the victim wants to find the defendant's wife by mutual consent with the victim.

In light of the records and arguments of this case including the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court is too 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 the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);