The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to the sentencing in the trial of the lower court were mostly revealed in the oral proceedings of the lower court, and there is no particular change in the situation in the sentencing criteria after the sentence of the lower court was rendered.

The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime, the damage of the traffic accident that was committed by the defendant due to the crime of this case is minor, the victim expressed his intention not to punish in the investigation process, and there are family members to support.

However, the above judgment becomes final and conclusive on September 27, 2016, and the above judgment becomes final and conclusive on September 27, 2016.