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The judgment of the court below is reversed.
The punishment of a defendant shall be determined by a credit cooperative for five months.
However, from the final date of this judgment.
Reasons
1. The summary of the grounds for appeal (five months’ imprisonment without prison labor) of the lower court is too unreasonable.
2. The defendant's negligence is very large in a place where a U-turn is not allowed, the accident in this case where one victim dies and her serious injury is very serious, etc. However, the defendant's fault is acknowledged and reflects his/her fault, on the other hand, that the defendant does not want the punishment of the defendant, that the defendant's driver's vehicle is covered by a comprehensive motor vehicle insurance contract, and that the first offender is the first offender. In full view of the circumstances leading to the crime in this case, circumstances after the crime, the defendant's age, character and conduct, environment, etc., the court below's punishment is too unreasonable. Thus, the defendant's argument is justified.
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.
Criminal facts
The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;