The judgment of the court below is reversed.

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

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

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is determined by the Defendant’s negligence of driving dump trucks in violation of the stop signal and causing injury to the victims. The degree of negligence is heavy in that it disregards the stop signal at the intersection as a dump truck driver who is expected to cause significant damage in the event of a traffic accident.

The degree of injury suffered by victims is relatively more severe, and the defendant has been punished several times for traffic-related crimes such as drinking driving.

However, considering the fact that the defendant was living wrong through detention for a certain period of time, there are some circumstances to consider the background of the crime, the fact that the automobile comprehensive insurance was subscribed to at the time of the accident, the fact that the victim C (the total sum of approximately 14 weeks) and the victim C wished to have his wife against the defendant in the trial, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive and means of the crime, circumstances after the crime, etc., the court below's imprisonment without prison labor ( October) is judged to be unfair.

Defendant

The argument is with merit.

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 as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is as follows.