A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, including the fact that the Defendant agreed with F and the victim of the instant traffic accident, the Defendant did not have the same power, and there was no criminal history exceeding the fine, as well as the fact that there was no criminal history exceeding the fine, the lower court’s punishment seems to be somewhat unreasonable, and thus, it appears that the Defendant’s allegation of unfair sentencing is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of driving a motor vehicle on a hazardous level) and the choice of imprisonment with prison labor, respectively;

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two concurrent crimes prescribed for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, the lower limit shall be the punishment prescribed for the crime of violating the Road Traffic Act) ;

1. The provision of paragraph (2) prior to the reasons for sentencing under Article 62-2 of the Criminal Act, for providing community service and attending lectures under Articles 53 and 55(1)3 of the Criminal Act, is the same as the provision of Article 62-2 of the Criminal Act.