The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten 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 summary of the grounds for appeal is too unreasonable since the imprisonment without prison labor for 10 months declared by the defendant is too unreasonable.

2. In full view of all the sentencing conditions in the records and arguments, including the background of the crime, the details of negligence, the form of the victim's injury, the fact that the defendant was covered by a comprehensive insurance at the time of the accident, the defendant paid approximately KRW 10 million medical expenses, and deposited KRW 10 million in the original trial, and the victim's side did not want the punishment by mutual consent at the time of the trial, and there was no history of punishment, the court below's punishment is somewhat 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, and the judgment below is ruled as follows.

Criminal facts

The gist of the evidence and the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, except where the “1.1 Defendant’s partial statement” in the summary of the evidence is deemed as “1.1 Defendant’s legal statement” and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommendation [decision of types] the scope of the general traffic accident [decision of the recommended area] the basic area [where a serious injury occurs (special aggravation factors), the scope of the punishment not to be imposed (special mitigation factors]] / April to October of imprisonment without prison labor;

2. Ten months (including the degree of injury of a victim, and all the circumstances mentioned above) without prison labor sentenced to sentence;

3. Whether the suspension of execution is [major grounds for consideration] Members of the Commission, members of the Commission, and members of the Commission who have no record of criminal punishment [Recommendation of Sentencing] [Recommendation of Suspension of Execution [Determination of Suspension of Execution]