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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment without prison labor) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Each of the crimes of this case is acknowledged that the defendant, while driving a motor vehicle at a speed of about 62 km (80km/h) above 142 km and h/h, caused a traffic accident that has ceased to be centered and shocked in order with telegraph poles and street, etc. at the edge of the road, and the victim's injury was serious, and the victim's injury was serious, and the victim's injury was serious and serious, and in particular, the victim F is unable to recover consciousness until now.
However, in light of the fact that the Defendant led to the confession of all crimes, and there is no record of criminal punishment, that there was no record of criminal punishment, that the lower court agreed with the victim G and H, that the Defendant agreed with the victim F’s spouse at the time of the trial, that the vehicle was covered by the comprehensive automobile insurance, and that the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
(However, as long as the appeal by the defendant is reversed on the ground that the judgment of the court below is well-grounded, the prosecutor's appeal shall not be dismissed. Criminal facts and summary of evidence recognized by the court are the same as stated in each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 3
Application of Statutes
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;