The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentence (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case committed by the bus driver without confirming the completion of the bus operation in the course of stopping the bus at the bus stop and getting off the passengers at the bus stop. The Defendant, a bus driver, felled on the road and suffered injury that requires approximately 12 weeks of medical treatment to the victim. The act and damage are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the bus driven by the Defendant is subscribed to a comprehensive motor vehicle insurance; (c) the victim did not want to be punished for the Defendant under the consent of the Defendant at the trial; (d) the Defendant did not have any record of punishment for the same kind of crime; and (e) the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence; and (e) other circumstances that conditions for sentencing, such as the circumstances after the crime,

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);