The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The degree of injury suffered by the victim due to the accident of this case is not weak, and the defendant does not agree with the victim; however, the defendant is a principal offender and is in violation of depth while making a confession of the facts charged, and the victim was paid with the insurance money under the non-insurance accident insurance purchased by the victim for the damage caused by the accident of this case since the defendant was covered by the automobile liability insurance only, the defendant paid the compensation amount for the damage caused by the accident of this case to the above accident company in the first instance. In full view of all the circumstances that led to the crime of this case, including the situation, contents, and circumstances after the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable. Thus, this part of the defendant's 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);