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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Reasons
1. The sentence imposed by the lower court (eight months) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below is that the defendant caused a traffic accident involving a victim walking the crosswalk pursuant to the pedestrian signals by negligence in violation of the vehicle stop signal while driving the motorcycle, and caused the victim to suffer serious injury requiring about 10 weeks of medical treatment. In light of the degree of the defendant's breach of duty of care and the degree of the victim's injury, the defendant did not receive any remedy from the injured party, and the above Ortoban liability insurance was subscribed only to the crime of this case. Meanwhile, the defendant is aware of the crime of this case, and the defendant reflects his mistake, the defendant is the first offender without any previous conviction, and the defendant deposited five million won for the victim during the trial, and taking into account other favorable circumstances, such as the defendant's age, sexual behavior, environment, circumstances of the crime, details, results, and all of the records and all of the offenses described in the arguments after the crime, the court below's punishment is too unfair.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of 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. The facts constituting an offense and the proviso of Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, shall be determined by taking into account the circumstances as stated in the reasoning for reversal of sentence, and by taking into account the aforementioned circumstances in the grounds for reversal of sentence.