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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Of the facts charged in this case, the lower court dismissed the prosecution as to the violation of traffic law, and convicted the Defendant of violating the Act on Special Cases concerning the Settlement of Traffic Accidents. The part dismissing a public prosecution for which the prosecutor did not appeal was not appealed is separate and finalized depending on the expiration of the appeal period. Thus, the lower court’s judgment should be tried only for the guilty portion among the lower judgment.
2. The decision of the court below on the summary of the grounds for appeal is too unreasonable.
3. While recognizing that the road in this case is one traffic route, the defendant driving a bicycle in the opposite direction, and even if the road in this case is obstructed, the defendant did not exercise due care, such as by living on the front door and living on the front door, causing a traffic accident, and the victim suffered a serious injury of eight (8) weeks prior to the accident in this case.
On the other hand, there are more favorable circumstances such as the fact that the Defendant received a fine of KRW 500,000 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 1996 and did not have any history of punishment, that the Defendant paid 8,50,000 won to the victim, that the victim did not want the punishment of the Defendant under the agreement between the Defendant and the victim, that the Defendant’s bicycle was partially damaged due to the accident in this case, and that the Defendant’s b
In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.
4. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.