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. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range under the attached sentencing guidelines (at least one month of imprisonment).

However, the circumstances agreed with the victim have not been reflected in the appellate court.

If this court examines again the sentencing factors and other factors of sentencing that are set forth in the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the amount of the original sentence is recognized as inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

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