Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
Reasons
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that vehicles operated by the defendant are covered by a comprehensive insurance, and that the victim and the victim have agreed smoothly at the time of the trial, the sentence of the court below is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 148 and 54 (1) of the Road Traffic Act which choose a penalty;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);
1. Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act to provide community service or attend lectures;