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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The judgment of the court below was rendered on December 19, 196, with a fine of three million won due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on November 4, 2008, since the defendant was sentenced to a fine of three million won due to the violation of the Road Traffic Act on December 19, 196, and one million won due to the violation of the Road Traffic Act on June 26, 200, and August 4, 2008, respectively. The defendant was sentenced to a fine of one million won on August 26, 200, respectively. The defendant was also sentenced to a punishment of two times as well as a fine of ten times for the crime of this kind, but it is recognized that the defendant was guilty of the crime of this kind; the degree of injury to the victim is against all; the defendant's age is not more than two weeks, but more than two weeks before and after the crime of this case; and the defendant's allegation that the defendant was guilty and unfair.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized 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. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act.