The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In light of the background and contents of the instant crime and the circumstances after the instant crime, etc., there are circumstances favorable to the Defendant, such as the following: (a) the fact that the Defendant’s crime is against the Defendant; (b) the Defendant’s violation; (c) there is no penalty force exceeding the fine; (d) the injury inflicted on the victim appears not to have been serious; (c) the vehicle of the Defendant’s driver is affiliated with the National Private Taxi Mutual Aid Association; (d) the fact that the social relationship seems to be relatively clear; and (e) the Defendant has reached an agreement with the victim when

In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, family relation, health, age, character and conduct, environment, motive for committing a crime, means and consequence, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

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.

[Discied 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 of the court below, thereby citing it as it is 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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;