The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal asserts that the Defendant is too unreasonable because of the fact that the lower court’s imprisonment (eight months of imprisonment) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.

2. In light of the substance of the instant crime, the fact that the nature of the crime is not less and less in light of the substance of the instant crime, and that the Defendant had been punished as a traffic-related crime is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant include: (a) the defendant's mistake is recognized as being late and against the defendant; (b) the victim's injury is not relatively serious; (c) the victim has reached an agreement with the victim in the first instance; and (d) the family members to be supported.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is deemed unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

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.

(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately.” (Dao-written judgment) Criminal facts and summary of evidence recognized by the court is the same as that of the judgment of the court below, and thus, the summary

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of action after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (Article 40 of the same Act).