The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment is an unfavorable circumstance, such as the following: (a) the Defendant caused a traffic accident while taking full action and inflicted bodily injury on the victim; (b) was punished several times by a fine due to a traffic-related crime, such as drunk driving; and (c) the Defendant committed the instant crime during the suspended execution period.

However, in full view of the favorable circumstances such as the Defendant committed the instant crime and committed the instant crime for about six months of detention, the Defendant’s mistake is against the Defendant’s depth during the instant detention period, the degree of injury suffered by the victim is relatively minor and the investigative agency agreed to the extent of the victim’s original agreement. The instant vehicle was covered by the automobile comprehensive insurance at the time of the accident and disposed of the vehicle after the accident, and the altered personal information was not intentionally submitted, and other various circumstances, including the motive and circumstance of the instant crime, means and method, circumstances before and after the instant crime, and the Defendant’s age, character, behavior, career, and environment, etc., the lower court’s punishment is deemed to be unfair because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a driving on a motor vehicle) concerning criminal facts;