The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below against the defendant on the summary of the reasons for appeal is unfair because it is too unreasonable to punish the defendant (10 months without prison labor).

2. The judgment defendant caused a traffic accident by gross negligence in violation of the signal and the victim's injury is heavy.

However, in full view of the circumstances such as the fact that a marine vehicle is covered by a comprehensive insurance, and the injured party does not want the punishment of the defendant in agreement with the injured party in the trial, and all sentencing conditions shown in the pleadings, such as the defendant's age, sex, family relation, motive, means and consequence of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for the judgment in writing】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment of the court below, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act. However, as it is obvious that “F” in the 7th page of the judgment of the court below is a clerical error in “G”, it shall be corrected ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the sentence as ordered in consideration of the circumstances of Finin in determining the grounds for appeal on the grounds for sentencing under Article 62-2 of the Criminal Act by an order to attend a lecture