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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of the execution of two years, the probation, the community service order 160 hours, the order to attend a law-abiding driving lecture 40 hours) of the lower court is too uneasy and unreasonable.
2. Ex officio decision-making defendant's violation of signal signals led to a serious number of elementary school students;
However, the defendant is against the charge, and the defendant's agreement is reached with the victim and he does not want to punish the defendant, and he also purchases a comprehensive insurance that drives the defendant.
In addition, there is no special criminal history against the defendant.
In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;