The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (ten months of imprisonment without prison labor, two years of suspended execution, two years of social service work, 200 hours) is too unhued and unreasonable.

2. Ex officio determination

A. The appellate court of the relevant legal doctrine shall decide on the grounds included in the grounds for appeal, but it may decide ex officio on the grounds that adversely affected the judgment (Article 364(1) and (2) of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to recognize that the amount of punishment is unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds that affect the judgment are not included in the grounds for appeal, but are subject to the appellate court’s trial even if the grounds for appeal are not included in the grounds for appeal, and it does not include any limitation that the appellate court may not determine the sentence more favorable to the sentencing of the first instance.

Therefore, prior to the public prosecutor’s judgment on the grounds for appeal that the sentence of first instance is excessive so that it is unfair, the court of appeals may ex officio decide whether there exists any reason to acknowledge that the sentencing is unfair. In the event of such reason, the court of appeals may reverse the judgment of first instance and determine and sentence a minor sentence rather than the sentencing of first instance (see, e.g., Supreme Court Decision 2008Do1092, Dec. 9, 2010). (b) In this case, prior to the judgment on the grounds for appeal in accordance with the above legal doctrine, the court of appeals shall examine ex officio.

The defendant's negligence falling under Article 3 (2) (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents is an unfavorable circumstance that the defendant caused the victim's bodily injury of 16 weeks.

However, there is no previous conviction except the punishment of fine of KRW 700,000 due to the violation of the Road Traffic Act in 2001, and the piracy is covered by the comprehensive automobile insurance. In particular, when it comes to the depth of the above insurance, it is 25 million won as part of the legal damages.