The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. According to the crime of this case, although the victim suffered an injury that is not less than 6 weeks of age due to the crime of this case, the defendant recognized and reflected the criminal facts, and the defendant agreed with the victim. The victim complained of the defendant's wife in the first instance in light of the defendant's usual behavior as a neighboring resident living in the same village as the defendant, and the defendant did not obtain a license due to the inconvenience of ordinary operation, the defendant seems to drive the Obaba in this case even though he did not obtain a license. The defendant is the first offender who has no criminal history even when he was aged 76 years of age, and the village residents of the defendant want the defendant's preference, and the defendant's living is economically difficult.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, it is judged that the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with 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. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Article 154 Subparag. 2 and 43 of the Road Traffic Act; and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The punishment to be suspended;