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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for not less than five months.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment without prison labor) is too unreasonable.
2. In light of the fact that the accident of this case was committed by the defendant while driving a vehicle in violation of the signal and the quality of the crime was poor, that the defendant was punished once due to drinking driving, that the victim suffered serious injury, such as the 16 week therapy of the accident of this case, and that the treatment has not yet been completed, and that the victim did not reach an agreement with the victim, and that the victim was the minor punishment of the defendant, it is necessary to strictly punish the defendant. However, in light of the fact that the defendant led to the confession of the crime of this case and stated that the mistake is divided, the accident of this case occurred while the victim moved to the crosswalk, that the victim was covered by the automobile comprehensive insurance, that the defendant separately deposited KRW 80,00 for the victim, and that the defendant deposited more than 80,000 for the victim, that is, age, character and behavior, environment, family relationship after the crime, etc. in this case's pleading, the court below's assertion that the defendant's punishment is unreasonable.
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 admitted by the court is as follows: the victim's age is changed to "68 years of age" among the facts charged in the judgment of the court below; therefore, it is identical to each corresponding part of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the
Application of Statutes
1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;