The judgment of the court below is reversed.

A defendant shall be punished by imprisonment 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 summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of the fact that the Defendant paid damages in the trial and agreed with the victim, the lower court’s punishment is too 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, Article 46(2)2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Sentence, and for a violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act shall be limited to imprisonment with prison labor within the scope of adding up the maximum term of each of the above crimes to the punishment determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with the largest punishment: Provided, That the lowest sentence shall be limited to the punishment determined for the violation of the Road Traffic Act;

1. Article 62 of the Criminal Act: