The judgment below

Part of the cost of lawsuit, excluding the cost of lawsuit, shall be reversed.

Defendant 4 months’ imprisonment without prison labor.

1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor and the cost of lawsuit) is too unreasonable.

2. The judgment of the defendant caused the instant traffic accident by negligence in violation of the signal, and the degree of injury suffered by the victim L is not less than that of the victim, etc. are disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflects the mistake thereof in depth, the fact that there is no record of punishment for the same kind of crime, the vehicle operated by the defendant is covered by a comprehensive insurance, the victims do not want punishment, and the social relationship of the defendant seems to be relatively high.

When comprehensively considering the above circumstances as well as the overall sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of this case, the sentence imposed by the court below against the defendant is too unreasonable.

3. As such, the defendant's appeal is with merit, and the part of the judgment below excluding the costs of lawsuit among the costs of lawsuit is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the judgment of the court below in addition to the fact that “1. Part of the Defendant’s court statement” in the summary of the evidence of the court below as “1. The Defendant’s court statement” as “1. The Defendant’s court statement”. Thus, it is acceptable 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, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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 (the conditions in favor of the above paragraph 2) is suspended.