The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (six months of imprisonment without prison labor) is too unreasonable.

2. Determination of the instant traffic accident is an unfavorable circumstance to the Defendant, such as the fact that the victim suffered serious injury due to the instant traffic accident, and that it was not agreed with the victim until the depth of the party.

However, considering all of the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unfair because it is too unreasonable, considering all of the sentencing conditions such as the defendant's age, sex, environment, motive and consequence, circumstance after the crime, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited 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 sentence shall be determined as ordered in full view of the various circumstances as seen earlier prior to the reason for sentencing under Article 62(1) of the Criminal Act ( considered as above).