The judgment below

The guilty part shall be reversed.

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

except that from the date of this judgment.

1. The court below dismissed the prosecution against the violation of the Road Traffic Act among the facts charged in this case and found the remainder of the charges guilty. Only the defendant appealed against the guilty part among the judgment below, and the dismissed part of the prosecution was not appealed by both the defendant and the prosecutor, and this part was separated and finalized as it is.

Therefore, the part dismissing public prosecution among the judgment below is excluded from the scope of this court's trial.

2. The sentence of the lower court (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the order to attend a compliance driving 64 hours) against the accused on the summary of the grounds of appeal is too unreasonable.

3. In the judgment, the Defendant caused the instant traffic accident, which conflicts with the damaged vehicle driven by the central line, and thereby caused the victims each of 14 weeks and 4 weeks’ severe injury requiring medical treatment. The nature and circumstances of the crime are not less and less complicated; the Defendant committed the traffic accident resulting from the median line around July 2008; the Defendant committed the traffic accident resulting from the violation of the method of passing the center line around July 201; and the Defendant was punished twice by a fine is disadvantageous to the Defendant.

On the other hand, the defendant did not have any specific history of punishment except for the above previous conviction, and reflects the truth while committing the crime in depth, and there is a favorable circumstance in favor of the defendant, such as the fact that the court below and the trial court have paid the victims with medical expenses, etc., and 1.5 million won in full, and there is an agreement favorable to the defendant. In addition, in full view of all the sentencing conditions of the defendant in the argument of this case, such as the health status, age, sex, environment, circumstances after the crime, whether there was a change in the situation after the court below sentenced the judgment of the court below, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

4. As such, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure Act.