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

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

2. It is unreasonable to maintain the sentence of the court below in light of the following factors: (a) the defendant shows his wrong and reflects his behavior; (b) the defendant is the first offender; (c) the harming vehicle is subscribed to the automobile comprehensive insurance; (d) the defendant has reached a unanimous agreement with the victim at the time of the trial; and (e) the defendant has reached a unanimous agreement with the victim at the time of the trial; and (c) other various sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the suspension of execution (the overall circumstances in the above judgment);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;