The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (five months without prison labor) is too unreasonable.

2. Although the Defendant’s negligence is not less severe and the degree of injury suffered by the victim is more severe, in full view of the Defendant’s age, environment, background of the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment seems to be unreasonable and unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, 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 with merit, and it is again decided 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, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;