The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

1. The summary of the grounds for appeal (one-year imprisonment without prison labor) by the lower court is too unreasonable.

2. In light of the degree of negligence of the instant crime and the degree of damage, etc., which are significant in the nature of the relevant crime, circumstances favorable to the Defendant are: (a) the fact that the Defendant is disadvantageous to the Defendant; (b) the Defendant’s violation; (c) there is no penalty force exceeding the fine; and (d) the victim who did not wear the safety bell appears to have been partially negligent in the expansion of damage; (b) social relation is obvious; (c) the vehicle of the Defendant was covered by the comprehensive motor vehicle insurance; and (d) the fact

In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, family relation, age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the punishment of the lower court is deemed unreasonable.

Therefore, the defendant's above assertion 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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and 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 facts constituting an offense;

1. The sentencing of Article 62 (1) of the Criminal Act shall be determined as ordered in consideration of the various circumstances described in Article 62 (2) of the Criminal Act;