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

However, for a period of two years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the lower court (five months’ imprisonment without prison labor) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The crime of this case is acknowledged in light of the following: (a) the Defendant and the prosecutor’s respective arguments on the sentencing of the Defendant and the prosecutor together; (b) the Defendant’s error in driving the crosswalk without delaying speed, causing death by shocking the victim who has driven the crosswalk without delay; and (c) the relevant crime is heavy; and (d) the fact that the victim’s bereaved family did not agree with the victim’s bereaved family.

However, considering the fact that the Defendant led to the confession of the crime, and there is no past record of punishment heavier than the fine, that there was no effort to reach an agreement with the victim's bereaved family members, that sea vehicles are affiliated with the taxi mutual aid association, that there was considerable negligence in the occurrence of the instant accident even for the victim who illegally crossed the crosswalk at the heart, and that the Defendant's age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the arguments in the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

Application of Statutes

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.