The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

The fact that the defendant acknowledges and reflects the crime, and that the defendant agreed with the victim is favorable to the defendant.

However, there are many kinds of records that the Defendant was punished for drunk driving or unlicensed driving, the negligence of the Defendant on the occurrence of the instant accident, the injury of the victim is serious, and the need for relief measures is high due to shocks caused by accidents to the extent that the victim is aged and the wheelchairs of the victim will be considerably damaged, but no measures have been taken to rescue the victim is disadvantageous to the Defendant.

Considering the above circumstances and all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and conduct, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(2) Article 369 of the Criminal Procedure Act provides that a public prosecutor’s appeal shall not be dismissed unless the original judgment is reversed on the grounds that the appeal by the public prosecutor is well-grounded).

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts.