The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (limited to imprisonment for eight months, two years of suspended execution, and 80 hours of community service) of the court below is too unreasonable.

2. The instant crime committed by the Defendant, while driving a bus, has become an accident with another driver, resulting in a dispute between the victim and the other driver.

It is necessary to punish the defendant strictly because of the nature of the crime in light of the method of crime, contents, degree of injury, etc. by assaulting the victim's face several times, etc.

However, there are extenuating circumstances that consider the Defendant’s confession of the instant crime in light of the aforementioned circumstances and all of the sentencing conditions in the instant pleadings, including the Defendant’s age, character and conduct, family environment, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;