The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (two years of suspended execution for a period of four months in a safe and forty hours of an order to attend a compliance driving lecture) of the lower court is too heavy or unreasonable;

2. The crime of this case is acknowledged in light of the circumstance of the crime and the degree of injury, etc., which led the victim to the injury of blood transfusion, etc. by shocking the cargo vehicles of the victim E-driving who stopped earlier while driving a ready-light vehicle, in light of the circumstance of the crime and the degree of injury, etc., the crime of this case is not less complicated; the vehicle driven by the defendant was only mandatory insurance; the victim was forced to punish the defendant because it was impossible to agree with the victim until it was in the trial; and the defendant had the power of being punished twice by a fine for the same kind of crime.

However, considering the fact that the defendant recognized the crime of this case, the defendant's mistake is against the age of 70 years, the defendant is hospitalized in a convalescent hospital due to the current Kinson's disease, dementia, etc., and it seems impossible to take a compliance driving course. In addition, considering the defendant's age, environment, character and conduct, family relationship, circumstances leading to the crime of this case, and other circumstances that form the conditions for sentencing indicated in the record, such as the circumstances before and after the crime of this case, the sentence of the court below seems to be too unreasonable.

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.

(However, as long as the appeal by the defendant is reversed on the grounds of its reasoning, the prosecutor’s appeal shall not be dismissed separately in the disposition). Criminal facts and summary of evidence acknowledged by the court are identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Criminal facts;