A defendant shall be punished by imprisonment for six months.

In the trial, the defendant's mistake was divided, and in the trial, the owner of the vehicle who is the victim of the violation of the Road Traffic Act was agreed.

Even considering the sentencing data unfavorable to the defendant, such as the background, process, and circumstances after the crime committed by the court below, etc., the sentence of the court below is somewhat heavy.

Provided, That the penalty may not be exempted.

Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed and it is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act that choose a punishment, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the choice of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;