The punishment of imprisonment without prison labor for the accused shall be determined by five short-term and seven months.

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The accused shall violate the front-side red signal, and shall cut off the crosswalk;

The victim was killed by shocking the victim who was a crosswalk in the pedestrian signal on the bicycle.

The degree of negligence of the defendant is severe, and the result of the crime is also serious.

On the other hand, the defendant deposited 5 million won for the victim's bereaved family in the first instance trial, and agreed with the bereaved family members in the appellate trial.

In addition, when comparing the sentencing conditions as shown in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, the court below's punishment against the defendant is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable.

The prosecutor's assertion of unfair sentencing is not accepted.

3. If so, 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 after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Criteria for sentencing under Articles 2 and 60 (1) of the Juvenile Act, which are not permissible;

1. The defendant is a juvenile and thus does not apply the sentencing criteria, but shall be used for reference.

2. Persons subject to special mitigation (including serious efforts to recover damage) in the basic area (from August to two years): Cases where illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Special Class of the School Traffic Act is serious.