The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment without prison labor for four months, one year of suspended execution, and one hundred and twenty hours of community service order imposed by the court below is too unreasonable.

2. The crime of this case is acknowledged as follows: (a) the victim who dried on a crosswalk (nife eight years of age) was shocked with a vehicle to cause an injury requiring approximately eight weeks of medical treatment; (b) the degree of the injury is not less than that of the victim; and (c) the victim or his/her legal representative is not agreed upon by the victim or his/her legal representative until the trial is

However, in full view of the following: (a) the Defendant’s recognition of the instant crime, the first offender who has no record of criminal punishment, the vehicle of the Defendant appears to have been covered by comprehensive insurance, and the Defendant deposited KRW 1.9 million for the victim; (b) the Defendant’s deposit of KRW 1.9 million for the victim; and (c) other circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;