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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
Reasons
1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. Determination
(a) Criteria for the recommendation, sentence and suspension of execution (the scope of recommendation) set forth in the sentencing guidelines shall be the basic area (four months to October) of the first category of general traffic accident (the amount of injury caused by traffic accident): In the event of serious injury: Reduction factors: Case of subscription to comprehensive motor vehicle insurance (the criteria for suspension of execution of sentence): Case of major participation reasons: negative (where a serious injury has occurred): Reasons for general participation (the period of suspension of execution of sentence): positive (the period of serious reflect, there is no previous conviction of suspension of execution of sentence, and comprehensive motor vehicle insurance);
B. Specific determination of the crime of this case is an unfavorable circumstance to the Defendant, where the Defendant was sentenced to a fine of KRW 700,000 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents on January 28, 2014, where the Defendant was sentenced to a fine of KRW 700,000,000 due to the negligence and the degree of damage, the occurrence of the accident of this case or the expansion of damage, and the Defendant caused the same traffic accident of this case, which is disadvantageous to the Defendant.
However, the following are the circumstances favorable to the defendant: (a) the defendant recognized the crime of this case as committing the crime of this case; (b) the defendant deposited 3 million won for the victim; (c) the defendant deposited 7 million won for the first time in the trial; and (d) the defendant additionally deposited 7 million won for the first time in the trial; (c) the defendant has no particular criminal power except for those punished once by the above fine; and (d) the vehicle of the defendant
In addition, in full view of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, career, character and conduct, and environment, various sentencing conditions stipulated in Article 51 of the Criminal Act, and the scope of recommended sentences and the standards for suspension of execution according to the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court is too unreasonable, but as seen earlier.