The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant that the defendant did not take necessary measures despite having caused a traffic accident due to occupational negligence as stated in the judgment below.

On the other hand, the fact that the defendant repents and reflects his mistake, there is no history of punishment against the defendant, and the degree of injury of the victim is relatively minor.

It appears that the vehicle of the defendant, the vehicle of the defendant is covered by the motor vehicle comprehensive insurance, the damaged person does not want the punishment of the defendant in agreement with the victim at the court below, the negligence in the proviso of Article 3 (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the occurrence of the traffic accident in this case did not exist, and the fact that the defendant has a family member who should support the defendant is old

In addition, taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the lower court’s punishment is somewhat inappropriate.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.