The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (for a period of four months without prison labor and one year of suspended execution) of the lower court is too unreasonable.

2. The degree of negligence related to the instant accident by the Defendant is relatively heavy, and the degree of injury suffered by the victim is relatively much more severe.

However, the court below's punishment is too unreasonable in light of all the circumstances indicated in the arguments and records of this case, including the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, the defendant's driver's vehicle is subscribed to a comprehensive motor vehicle insurance, and the defendant separately agrees with the victim that the victim is not punished against the defendant, and there is no previous conviction against the defendant.

3. 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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of evidence recognized by the court below and the summary of evidence are identical to each corresponding part of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and the selection

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;