The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The sentence of the court below (eight months of imprisonment) is too unreasonable.

Judgment

In light of the fact that the victims of the instant traffic accident are not less severe, the defendant committed the same kind of crime, even though he/she had been punished by a fine or a suspended sentence of imprisonment due to drinking driving, refusal of taking a drunk test, etc., and there is a need to strictly punish the defendant.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) the Defendant’s vehicle is covered by comprehensive insurance; (c) the victims are not subject to punishment for the Defendant; and (d) the family members of the Defendant want to take the Defendant’s wife; and (c) other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive for and consequence of the crime; and (d) the circumstances after the crime, the sentence of the lower court is somewhat unreasonable.

As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts against the defendant recognized by this court and summary of the evidence shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

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, Article 268 of the Criminal Act, Article 44 (2) of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavy criminal situation);

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;