The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The defendant has no record of punishment exceeding a fine.

In the past, the defendant recognized all of the crimes of this case and opposed to it.

The degree of injury to victims or the degree of damage to motor vehicles is not severe.

A vehicle operated by the defendant is covered by a comprehensive insurance, and 3 million won shall be paid to the victims and the victims shall not be punished by an agreement.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, including favorable or unfavorable circumstances to the Defendant, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment below] The summary of facts constituting an offense and evidence admitted by the court below is cited in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of “1. Part of the Defendant’s court testimony” to “1. Defendant’s court testimony” from the summary of evidence of the court below’s judgment as stated in the corresponding column of the court below’s judgment.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Article 268 of the Criminal Act (the point of each escape vehicle and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (see, e.g., favorable circumstances as seen earlier);