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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for not less than five months.
Reasons
1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. In the judgment of the court, the traffic accident of this case in which the victim suffered serious injury such as serious disorder in the real name and friend of the coordinates, friend disorder, recognition disorder, shoulder stackion, etc., and the treatment has not yet been completed, the defendant has a criminal record one time, and the victim wants to punish the defendant, etc., are disadvantageous to the defendant.
However, in light of the above circumstances and the defendant's age, character and behavior, intelligence and environment, motive and circumstance of the crime of this case, means and consequence of the crime of this case, the circumstances after the crime of this case, the victim's relationship with the victim, family relation, etc., the punishment imposed by the court below is somewhat inappropriate, since it is recognized that the defendant's punishment imposed by the defendant is somewhat inappropriate. The defendant's assertion is justified.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in each corresponding column of the judgment of the court in addition to changing "the defendant's partial statement" to "the defendant's trial statement of the court in the first instance" of the court below two pages 10 of the judgment of the court in the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts