The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. Determination is based on the following: (a) the Defendant reflects the judgment; (b) the victim’s injury caused by the instant accident is relatively heavy; (c) the vehicle driven by the Defendant is covered by a comprehensive insurance policy; and (d) the Defendant has no particular penalty in addition to once a fine is imposed on the Defendant.

On the other hand, the following is disadvantageous.

The Defendant caused the instant traffic accident while driving a vehicle at night in violation of the signal at a private distance intersection with a lot of traffic.

Although the shock caused by the instant accident seems to have been reasonable, the Defendant did not take any measures, and even if the witness went away from the Defendant at the time, the possibility of criticism is very high due to escape.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions shown in the instant records and arguments, etc., the lower court’s punishment is deemed to be somewhat unreasonable and thus, the Prosecutor’s assertion is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;