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. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in six months of imprisonment without prison labor) is too unreasonable.

2. The judgment of the defendant caused the instant traffic accident due to gross negligence that invadeds the central line, and if the vehicle was damaged, the risk of the instant traffic accident was considerably high.

In light of the following circumstances: (a) the degree of injury suffered by the victim G is not easy; (b) the Defendant did not actually have been punished but had the power to cause a traffic accident even two years prior to the actual punishment; (c) however, at the lower court, the victim G expressed the remaining victims’ intention not to punish each Defendant in the first instance trial; (d) the Defendant appears to have recovered from the injury to the victims; (b) the vehicle operated by the Defendant was covered by comprehensive insurance; (c) the Defendant was covered by criminal punishment; (d) the Defendant did not have any record of criminal punishment; and (e) all kinds of sentencing circumstances, including the Defendant’s age, sex, family relationship, motive, means, consequence, and circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the 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 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 Competition;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;