The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The sentence (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the degree of injury suffered by the victim who was aged due to the instant traffic accident is more serious, and that the Defendant either paid damages to the victim or did not have agreed to do so.

However, the defendant shows his attitude to reflect his wrongness, and the defendant did not receive an opportunity to receive proper education from the time when he turns out, and seems to have maintained his livelihood with extreme labor, etc., and even now, he seems to have been living with low income when he delivered postal services. The defendant's living without his family seems to have been in a sincere life without committing any crime until now, and the vehicle involved in accident seems to have been in a liability insurance policy, and the victim's damage is deemed to have been partially recovered, and considering all of the sentencing conditions in this case, such as the defendant's age, character, environment, circumstances and result of the crime in this case, the sentence imposed by 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 reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);