The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for 8 months and 2 years of suspended execution) is too unreasonable.

2. Ex officio determination of the facts charged of this case is a crime falling under Article 151 of the Road Traffic Act, and a prosecution against the victim’s express will under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is not instituted.

According to the records, the victim may be deemed to have explicitly expressed his/her wish not to punish the defendant by mutual consent with the defendant around the end of December, 2014 after the prosecution of this case. Thus, the court below should have dismissed the prosecution as to the violation of the Road Traffic Act among the facts charged in this case pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Therefore, the judgment of the court below which found the defendant guilty of violating the Road Traffic Act among the facts charged in this case is erroneous in the misapprehension of legal principles as to the crime of non-compliance with opinion, which affected the conclusion

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence acknowledged by this court is as follows, unless the facts constituting an offense and the summary of the evidence are stated in each corresponding column of the judgment of the court below, which read as "the injury was sustained, and the above Oral Baas was damaged in an amount equivalent to KRW 3,318,000" in the second 9th sentence of the judgment of the court below among the criminal facts column of the court below.

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 of the Criminal Act: