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

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

2. Although there are circumstances such as the degree of fault of the defendant's negligence and the result of the victim's injury, the sentence of the court below is too unreasonable in light of the following: (a) the defendant's mistake is recognized; (b) the defendant additionally paid 8 million won to the victim and the victim does not want the punishment of the defendant; (c) the defendant's age, character and behavior, environment, occupation, circumstances leading to the crime of this case, details, and circumstances leading to the crime of this case, etc. after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances stated in the grounds for reversal);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic accidents in general traffic accidents [the category 1] and the element of mitigation of traffic accidents [the person who is a special person]: The factors of aggravation of punishment (including serious efforts to recover damage): Where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the scope of recommendation and recommendation), the basic area of traffic accidents [the scope of recommendation and recommendation], April through January 3.