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. In light of the substance of the grounds for appeal in this case, the punishment (10 months without prison labor) imposed by the court below on the defendant is too unreasonable.

2. In light of the following: (a) the degree of injury of the victim caused by the instant crime is very serious; and (b) the Defendant had the record of being punished several times due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; (c) the Defendant’s driving vehicle was admitted to the Korea Trucking Financial Cooperative; (d) the said union agreed to pay the victim losses, such as gains from loss, suspension of business, losses, medical expenses, and consolation money; and (e) the Defendant reached an agreement with the victim when the Defendant was in a trial; (e) the Defendant has committed a violation of the victim’s depth; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) other various sentencing conditions,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1)(formerly favorable circumstances) of the Criminal Act [Determination of types] : Traffic crimes, general traffic accidents, and bodily injury from traffic accidents (special person): In cases of aggravation of punishment - In cases of aggravation of punishment: In cases of occurrence of serious injury [Separate person] - In cases of mitigation of comprehensive vehicle insurance - In cases of subscription to automobile comprehensive insurance, serious reflectness - aggravation of aggravated factors: the same criminal record [the scope of recommending punishment] that does not constitute repeated crimes.