The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (one year and four months of imprisonment) is too unreasonable.

Judgment

The crime of this case is serious that the defendant suffered injury to the victim in distress due to negligence committed by the central line in the state of full custody. However, the defendant did not have any particular criminal record, and the defendant has committed a mistake in depth, the defendant's vehicle is covered by a comprehensive insurance, and the defendant deposited KRW 5 million for the victim in the trial, and all the sentencing conditions of the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are somewhat unreasonable.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 5-11 and 148-2 (2) 1 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 14-2 (2) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for each crime;

1. It shall be decided as above from among concurrent crimes on the grounds of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest limit shall be determined by the punishment determined for the violation of the Road Traffic Act) or more of the Criminal Act;