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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The sentence of the court below (two years of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.
2. The following facts are the circumstances unfavorable to the Defendant: (a) the victim suffered serious injury, such as the closure of the two main structural frame, and the victim appears to have suffered from post-ex post-explication, such as disability of memory and change of character due to brain damage; and (b) the victim appears to have suffered considerable inconvenience and pain in the future.
However, the crime of this case is a normal situation favorable to the defendant, such as the fact that an accident occurred while the defendant and the victim in the state of drinking with the party interested in friendship, the defendant recognized all the crimes of this case, and reflects in depth, the defendant paid an additional amount of KRW 35 million deposited in the course of investigation, and the victim expressed his intention not to punish the defendant, the defendant has no record of criminal punishment before the crime of this case is committed, the defendant has no record of support, and there is a child who is needed to support the defendant, and if the defendant was detained by the detention of this case and the detention of the defendant is prolonged, the family members of the defendant will suffer economic difficulties.
In addition, the defendant's age, character and conduct, environment, motive and background leading up to the defendant to the crime of this case, circumstances after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case (referring to six months to one year and six months of imprisonment) / [decision of types] violent crimes, general bodily injury, serious injury of Type 2 [Special Aggravation of Punishment]: None of the increased factors of punishment: / None of [the scope of recommending punishment] / [the scope of punishment] ; the major pride factors of the reasons for suspended sentence; no penalty is imposed; and there are no records of criminal punishment.