The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

However, the above punishment shall be imposed for a period of one year from the date the above judgment becomes final and conclusive.

1. The sentence (4 months without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The Defendant’s negligence and degree of damage caused by an accident without mandatory insurance to the victim C, resulting in an injury of five weeks prior to the occurrence of the accident, and the Defendant’s negligence and degree of damage are not minor.

However, for the first time, the defendant paid 4 million won to the victim and only agreed to pay it to the victim.

In addition, in full consideration of the fact that the defendant has been punished two times as fines due to the crime of this type, the fact that he/she has to support his/her mother and the person suffering from brain illness, the defendant's age, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., the punishment sentenced by the court below is unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The grounds for the reversal of the sentence under Article 62(1) of the Criminal Act are set forth in the same sentence as the disposition, taking full account of all the circumstances in the grounds for the reversal thereof.