The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the imprisonment without prison labor (10 months) sentenced by the defendant is too unreasonable.

2. In light of the following circumstances: (a) the Defendant caused the instant traffic accident due to the negligence of the Defendant’s gross change of the fleet; (b) thereby causing bodily injury to the victim; (c) the Defendant’s driving vehicle did not reach an agreement with the victim; (d) the Defendant’s driving vehicle is taking out liability insurance only; and (e) the victim was seeking to punish the Defendant, the sentence of imprisonment against the Defendant is inevitable.

However, considering the various sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, the fact that certain amount was deposited by the victim during the trial of this case, and that there was no past record of criminal punishment, etc., the sentence of the court below is somewhat unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;