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 became final and conclusive.

2. In light of various sentencing conditions indicated in the records and arguments in the instant case, such as the fact that the victim’s injury is very serious, and that the possibility of defense is low, that the Defendant agreed to the victim’s adult guardian in an unfavorable circumstance or in the first instance court only with the victim’s adult guardian, and that the primary offender and the vehicle was covered by the motor vehicle comprehensive insurance policy, etc., the lower court’s punishment is too unreasonable.

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 is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Criminal Act on the suspension of execution (The circumstances favorable to the above judgment shall be considered);