The judgment of the court below is reversed.

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

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

1. The decision of the court below on the summary of the grounds for appeal (10 months without prison labor) is too unreasonable.

2. Determination of the instant crime is an unfavorable circumstance to the Defendant, in light of the content of negligence, the scale of damage, etc., and the fact that the Defendant did not agree with the victim I and J.

On the other hand, the fact that the defendant recognized his mistake and is against the defendant, the fact that there is no other penalty except that he was fined once due to the crime of this paper, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant in the original trial, the fact that the above victims do not want the punishment of the defendant in agreement with the victim K division and the victim G in the appellate trial, and the fact that the social relation of the defendant seems to be obvious in favor of the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is deemed unfair.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against G with the largest penalty);

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

1. Various circumstances, etc. examined in Article 62(1) of the Criminal Act’s grounds for sentencing under Article 62(2) of the same Act.