The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the court below, as stated in the grounds for sentencing disadvantageous to the defendant, had a record of having been punished several times, including the crime of violating the Road Traffic Act due to a non-licenseless driving of the same case, and without being aware of the fact that the defendant was investigated as a result of a crime of violating the Road Traffic Act due to a non-licenseless driving of the same case, and caused the traffic accident of this case and caused the danger of recidivism, etc., it is inevitable to sentence the defendant to be sentenced.

However, in light of the following: (a) the Defendant’s perception of the instant crime and the degree of the damage of the occupational negligence was seriously agreed with the victim during the trial; and (b) the Defendant’s age, occupation, character and conduct, environment, family relationship, health conditions, motive for the crime, circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

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

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the point of causing negligence in the line of duty, the selection of imprisonment without prison labor), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without obtaining a license, the choice of imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the operation of automobiles which