The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant driving a cargo vehicle while making a left-hand turn in violation of an intersection signal, received an error of the victim D (hereinafter “victim”) who was proceeding on the right side while driving the cargo and suffered an injury requiring approximately 18 weeks of treatment, and the case is not weak, and even though the cargo vehicle driven by the defendant is not covered by a comprehensive insurance, it does not reach an agreement with the victim, etc.

On the other hand, the victim is also responsible to a certain extent for the occurrence of the accident of this case and the expansion of damage, such as the error of driving a motorcycle in one lane, which is not a two-lane, among two-lanes, and the vehicle of this case seems to have driven at a considerable speed at the time of the accident of this case. The defendant's vehicle is subscribed to liability insurance and paid KRW 30 million to the victim, and the defendant is led to confession and reflect by the defendant.

In full view of the above circumstances, the character, conduct and environment of the defendant, the circumstances and results of the crime of this case, and all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair, and thus, the above argument by the defendant is

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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