The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal - unreasonable sentencing - The lower court’s sentence (10 months) is too heavy.

2. The crime of this case is not necessary to punish the victim in light of the degree of damage due to the case where the defendant, by the negligence of entering the intersection in violation of the signal, conflicted with the damaged vehicle and suffered an injury requiring approximately 14 weeks medical treatment.

Defendant has been punished by a fine for the same kind of crime.

These points are disadvantageous to the defendant.

However, the Defendant recognized all of the instant crimes, and is detained for a period of two months, and his mistake is divided and reflected.

In the past, the defendant tried to restore the damage and expressed his intention that the victim does not want the punishment by mutual consent with the victim.

The defendant has no history of criminal punishment exceeding a fine.

These points are favorable to the defendant.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with 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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. The sentence of Article 62-2 of the Criminal Act, prior to the reasons for sentencing, becomes the condition of sentencing.