The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below on the defendant (six months of imprisonment without prison labor) is too unreasonable.

2. The judgment that the defendant had a record of being punished once for the same crime, that the victim's negligence appears to be nonexistent in the occurrence of the traffic accident in this case, that the victim suffered a big injury, and that the defendant wanted to be punished for the severe injury until the trial of the party, etc. are disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant is both starting from and against the instant crime; (b) there is no history of criminal punishment exceeding a fine; (c) the vehicle driven by the Defendant was froomed into brooms; (d) the Defendant deposited KRW 12 million in the lower court for the victim; and (e) the Defendant deposited KRW 2 million in the lower court for the victim; and (e) the vehicle driven by the Defendant was covered by comprehensive insurance; and (e) there is a favorable condition for the Defendant, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime; and (e) all other sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc.,

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do11

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing shall be determined as ordered by taking full account of the various circumstances as seen earlier.