The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that of the lower court’s punishment (under eight months) is too unreasonable.

2. In light of the degree of negligence of the defendant and the degree of the victim's injury as stated in the reasons for the sentencing, it is not that the nature of the crime and the crime's circumstances are somewhat weak.

However, it appears that the defendant did not have the same criminal history, and that he did not commit any act of crime since 2000, and lived faithfully. The fact of the crime of this case is being divided in depth through confinement life remaining 2 months after the time of committing the crime of this case, and the victim is not punished by the defendant by agreement with the victim in the trial. In addition, considering the defendant's age, occupation, character and behavior, family relation, motive and circumstance of the crime, means and method of the crime, circumstances after the crime of this case, etc., all of the sentencing conditions specified in the records and arguments of this case including the defendant's age, occupation, character and conduct, family relation, and family relation, and circumstances after the crime, the sentence of the court below is too unreasonable.

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.

【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for adding ‘the defendant's oral statement at the court of first instance' to the first instance, 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 3 (2) 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, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;