The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.

2. Determination

A. In light of the fact that the instant crime was committed by the Defendant while driving a vehicle, resulting in an injury to the victim by negligence, while destroying the damaged vehicle at the same time, and that it is not good to the nature of the crime, and that there is a sentence imposed upon the Defendant, it is necessary to strictly punish the Defendant.

B. On the other hand, there are extenuating circumstances, such as the confession of a crime and the misunderstanding of a mistake, the degree of damage is not heavy, the pulmonary organ cancer, etc., and the health status is not good, and there is difficulty in living conditions as a basic living recipient.

In addition, considering the Defendant’s age, family relations, and circumstances after the crime, all of the sentencing conditions shown in the instant pleadings, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

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

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