The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

2. The degree of damage suffered by the victim is very serious, such as where the victim is unlikely to recover his/her consciousness in the state that he/she is not aware of his/her consciousness because the defendant was able to be injured by a taxi.

However, there is a change in circumstances that the defendant paid 500,000 won to his spouse, who is the representative of the victim, in an appellate trial.

In addition, when comparing the sentencing conditions as shown in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, the court below's punishment against the defendant is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A person who is in the basic area (in April to one year) and special mitigation (in special mitigation) under the relevant law on criminal facts, Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the basic area (in the case of injury caused by traffic accidents) and Article 1: In cases where there occurs no penalty or serious injury (in the case of one category); and

2. The defendant's decision on the sentence of sentence has reached an appellate court and agreed with the victim smoothly, but the degree of the injured party's conduct is significant.