The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

1. The sentence imposed by the court below (one year of imprisonment without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. It is recognized that the Defendant caused substantial personal or material damage to the victim who was driving with the signal by negligence in violation of the signal, and that the liability for the crime is not less exceptionally, and that the vehicle driven by the Defendant was covered by the liability insurance.

B. However, in full view of all the circumstances, such as the Defendant’s confessions of each of the instant offenses, the Defendant’s confessions of each of the instant offenses, the fact that the Defendant agreed to pay KRW 20 million to the personal victim E in the first instance, the victim’s failure to want criminal punishment against the Defendant, the Defendant paid KRW 10 million out of the cost of repairing the Defendant’s vehicle with the liability insurance to which the Defendant was admitted, the Defendant’s age, sex and environment, the background and result of the instant offenses, the circumstances after the instant offenses, etc., and the conditions of sentencing as indicated in the records and arguments, the sentence imposed by the lower court is deemed unfair.

(c)

Therefore, the defendant's above assertion is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal);