The judgment below

The remainder of the compensation order, excluding the rejection thereof, shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the defendant has a majority of criminal records of the same kind including the punishment, and the defendant is driving the old road where the sign of the area where the accident occurred while making a mobile phone call without a driver's license while driving the motor vehicle.

The degree of negligence caused by traffic accidents, the degree of injury of the victim is not minor, the degree of damage of the victim is reasonable, and the damage of the victim is not agreed with the victim.

On the other hand, there are favorable circumstances such as the fact that the defendant recognized his mistake, that the defendant deposited 3.5 million won for the victim, that the defendant was driving alcohol on behalf of the victim, that the defendant was driving on behalf of the victim, and that the defendant was the passenger of the vehicle driven by the victim, etc.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed unreasonable and inappropriate. Therefore, the Defendant’s assertion is with merit and the Prosecutor’s assertion is without merit.

3. As such, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection part of the compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is

(2) Article 364(1) of the Criminal Procedure Act provides that “An appeal filed by a prosecutor shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act; however, as long as an appeal by a defendant is accepted and the original judgment is reversed, no separate appeal shall be pronounced in the order).” The gist of facts constituting an offense and evidence recognized by the court is the same as that of the original judgment