The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Although there are circumstances such as the degree of fault of the defendant's negligence and the degree of injury of the victim, considering the following: (a) the defendant's mistake was recognized; (b) the defendant has reached an agreement with the victim at the time of the trial; and (c) the defendant's age, character, character, environment, occupation; (b) details and details leading to the instant crime; and (c) circumstances leading to the sentencing conditions indicated in the records after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument 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.

Criminal facts

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

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (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 imprisonment without labor;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances stated in the above reasons for the reversal) are specified as the same as the disposition, taking into account the factors of the sentencing in light of the above reasons for the reversal.