A defendant shall be punished by imprisonment for not less than eight months.

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

2. The crime of this case is deemed to have escaped without taking any measures against traffic accident, and the nature of the crime is not weak; the injury suffered by the victim is disadvantageous to the defendant; the defendant recognizes the crime of this case; the defendant deposits KRW 1 million against the victim; the defendant has reached an agreement with the victim; the vehicle operated by the defendant is covered by comprehensive insurance; the defendant's age, character and conduct, environment, family relationship, and other circumstances that form the conditions for sentencing as stated in this case; the sentence imposed by the court below is somewhat unreasonable; thus, the defendant and his defense counsel's allegation of unfair sentencing is justified.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Imprisonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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