The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In full view of the fact that the Defendant, after the judgment of the court below was rendered, repaired the victim C’s automobile for the recovery of damage, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in 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. Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015); Article 80 subparagraph 1, and Article 5 of the Automobile Management Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) and the punishment provided for in the crimes of violation of each Road Traffic Act, of which punishment is heavier;

1. Selection of imprisonment with prison labor for the crimes of violation of the Road Traffic Act, such as imprisonment without prison labor and the remaining crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [limited to the aggravation of concurrent crimes with the punishment determined for the crime of violating the Motor Vehicle Management Act of the largest penalty, but the lowest sentence of the punishment shall be determined by the punishment determined for the crime of violating the Road Traffic Act];

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;