The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, for one year from the date this judgment becomes final and conclusive.

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant had no criminal record of imprisonment without prison labor or any heavier punishment and the defendant's vehicle is covered by a comprehensive insurance policy, the court below's punishment is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);