The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (two years’ imprisonment without prison labor) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant’s negligence, which caused the instant accident by failing to make a left turn at night, is grave, and the victim E suffers a serious injury, such as telegraph and horses, is disadvantageous to the Defendant.

On the other hand, it seems that the defendant has an opportunity to reflect because he was detained for not less than 40 days in this case, and that the defendant was the first offender, that the victim G was not punished, that the victim E was paid KRW 180 million of the insurance money responsible for the above victim, that the defendant deposited KRW 35 million for the above victim during the judgment of the court below, and that the victim wanted to have an additional amount of KRW 50 million for the above victim at the trial of the court below, and that the victim would have an opportunity to reflect.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, circumstances leading to the commission of the crime, and various sentencing conditions as shown in the arguments and records, the lower court’s punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;