The judgment below

The part against the defendant shall be reversed.

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

(b).

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

2. The fact that the degree of injury suffered by the victim is very serious is disadvantageous.

On the other hand, the fact that the defendant recognized his mistake and reflects it, and that the victim agreed with the victim and the victim did not want the punishment against the defendant, not only the defendant's negligence, but also the driver's negligence of the vehicle the victim was concurrent, and the accident of this case occurred, and the defendant seems to have a very poor health condition due to hospital treatment due to cancer, etc.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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