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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., 10 months of suspended execution, 120 hours of community service, and 80 hours of course of compliance driving) of the court below is too unreasonable.
2. The instant crime committed by the Defendant, by negligence in violation of the vehicle stop signal, was committed by the victim E and the three victims who were the same passengers with the victim E, due to the shock of the vehicle driven by the victim E, resulting in the necessary injury for each of two to six weeks. It is recognized that the degree of injury suffered by the victims is not that the accident occurred due to the negligence of disregarding and proceeding the cross-road stop signal.
However, the court below recognized the defendant's mistake and reflects the defendant's intention of not wanting the defendant's punishment, and expressed the victim's intention of not wanting the defendant's punishment by mutual agreement at the court below's original trial, the victims' desire to return their health at present, and it seems that there is no big problem in daily life by restoring their health, and the victims' damage was partly recovered or likely to be recovered from the comprehensive motor vehicle insurance that the defendant joined, and the defendant has no record of punishment other than the punishment for a violation of the Road Traffic Act at around 1996, considering the circumstances favorable to the defendant, such as the defendant's age, character, character, environment, health conditions, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., it is judged that the punishment of the court below is unfair.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are the facts of crime and summary of the evidence.