The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below (6 months of imprisonment without prison labor and one year of suspended execution) on the summary of the grounds for appeal is too unreasonable.

2. The degree of negligence of this case and the degree of damage, etc. are deemed to be severe;

The fact that we look at is disadvantageous to the defendant.

Meanwhile, there are circumstances that are favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects the fact that the social relationship of the defendant, the fact that the vehicle of the defendant's driver is clear, the fact that the defendant's vehicle was subscribed to the automobile comprehensive insurance, the fact that the defendant caused the crime of this case in the course of performing field control duties as a police officer, and there are some circumstances to consider the circumstances. The defendant made efforts to recover damage by depositing a total of KRW 25 million for the victim in the court below, and the fact that the victim does not want the punishment of the defendant by agreement with the victim in the first instance.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, age, sex, environment, family relationship, circumstances before and after the commission of the crime, etc., the lower court’s punishment is deemed unfair.

Therefore, the defendant's above assertion is justified.

3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.

[Re-written 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 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)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The determination of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing is based on the foregoing Article 334(2).