The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In that the Defendant’s act of shocking the victim by using a vehicle, which is a dangerous object with intention, the liability for the crime is not somewhat and is highly likely to be subject to criticism.

However, the defendant led to the crime of this case and recognized his mistake, and the degree of damage of the victim caused by shock with the vehicle of this case is not severe.

In the trial of the party, 2 million won was paid to the victim for the purpose of the death of the victim and recovery from damage, and the victim wanted to take the defendant's prior action.

As can be seen, the Defendant’s age, character and conduct, family relationship, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (as for this case, there are one positive reasons listed as the criteria for the suspension of execution of special assault (hereinafter “non-prosecution of punishment”)).

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 6] (the scope of the recommended punishment [the scope of the recommended punishment], repeated crimes, special assault [the special person] mitigation elements: where the punishment is not imposed (including a serious effort for recovery of damage) or considerable damage is recovered, [the scope of the recommended punishment] mitigation area, imprisonment from February to one year 2 [the grounds for suspension of execution] major pride grounds: In the case where only one major pride grounds exist (including a serious effort for recovery of damage), the decision on whether to suspend the execution should be made by comprehensively comparing and evaluating the reasons for suspension of execution. Considering the above comprehensively, the sentence imposed by the court below is deemed unfair because it is too inappropriate.

Defendant’s assertion is with merit.

3. Conclusion, the defendant.