The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment without prison labor) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Although the defendant, as a person who acts on behalf of the defendant, bears a high duty of care to safely drive the person who is in charge of driving at the destination, he/she caused an accident in violation of the signal.

The degree of injury of the victims caused by the accident of this case is serious, and the victims are trying to severely punish the defendant.

On the other hand, the following conditions are favorable.

The defendant reflects his fault in depth.

The victim's damage was recovered due to the payment of some medical expenses to the victims in the original trial through the automobile insurance purchased by the substitute driver to which the defendant belongs, and the additional insurance money was paid in the first instance.

There is no criminal offense beyond the fine against the defendant.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, environment, etc., various sentencing conditions shown in the records and arguments of the instant case, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (a credit cooperative’s imprisonment without prison labor for up to 4 months) / [the scope of recommended punishment] the basic area (4 months to 10 months) (no person who has any special person subject to sentencing) of the type of ordinary traffic accident, the lower court’s punishment is somewhat inappropriate, and the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

Criminal facts

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

Application of Statutes

1. Handling of traffic accidents under the relevant provisions of the Act concerning facts constituting an offense;