The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment without prison labor for eight months) is too unreasonable.

B. In light of the prosecutor’s negligence, the degree of injury to the victim, and the recovery of damage, etc., the lower court’s punishment is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The instant crime was committed by negligence committed by the Defendant, while driving a leyer vehicle, resulting in an injury to the victim, such as an exposure to a credit prop set-off, which requires approximately eight weeks of medical treatment. In light of the Defendant’s breach of duty of care and the degree of injury to the victim, the Defendant’s liability is somewhat less in light of the degree of injury to the victim.

subsection (b) of this section.

However, considering various sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., the court below's punishment is unreasonable because it is too unreasonable, considering the fact that the defendant has led to the confession of the crime, the driver's insurance, and cargo trucking mutual aid association, the defendant deposited KRW 5 million for the victim in the court below, the additional damages were recovered in the trial and agreed with the victim, and there was no record of punishment exceeding the suspended sentence of imprisonment.

Defendant

The prosecutor's assertion is with merit and without merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the pleading as follows.

Although the appeal by the prosecutor is groundless, the decision of the court below shall not be dismissed separately from the disposition, so long as the appeal by the defendant is accepted.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;