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. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant (ten months of imprisonment without prison labor, two years of suspended execution, and two times of community service order) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The instant crime committed on the basis of the judgment was committed by the Defendant due to an occupational negligence while driving a car, thereby causing serious injury to the victim, which is difficult to recover normal recognition ability. In light of the content of the crime, the circumstances unfavorable to the Defendant, such as the fact that the relevant crime is heavy, are recognized.

However, considering the fact that the defendant led to the confession of the crime of this case and reflects the defendant's mistake in depth, that the defendant does not want criminal punishment against the defendant in the trial of the party, that the victim does not want criminal punishment against the defendant, that the accident of this case occurred while the victim was crossing the road without permission at the time, and that other circumstances forming the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the court below's punishment against the defendant cannot be deemed as unfair because it is too uneasible as the prosecutor claims, but rather, it is recognized that it is improper

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading. However, since the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the 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. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (in the course of performing duties and dental duties).