A defendant shall be punished by imprisonment for six months.

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

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

In addition, even though there are several criminal records of the same kind, the defendant was punished strictly in that he committed the crime of this case. Meanwhile, the defendant's criminal records of the suspension of execution or more are confined to one time at around 2007, and the defendant was divided in depth, the accident of this case was insignificant, and the defendant agreed with the victim at the investigation stage, and the defendant's family's living could have been difficult during three months of detention, and the defendant's age, character and behavior, environment, circumstances after the crime and circumstances after the crime, etc., all the sentencing conditions as shown in the records and arguments of this case are inappropriate.

Thus, 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 reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend lectures;