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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The judgment of the defendant resulted in the death of the victim by causing an accident that causes a shock to the victim who saw the crosswalk, and the nature of the crime of the defendant is not that of the defendant.

However, the fact that the defendant lives in custody for about two months, reflects the fact that the defendant reached an agreement with the bereaved family members of the victim, the fact that the J paid the total amount of KRW 204,833,330 to the Chungcheong University Hospital for the purpose of agreement and treatment, there is no record of criminal punishment exceeding the fine, and that there is an old age of 69 years that is favorable to the defendant.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive of crime, circumstances after crime, etc., the sentence of the court below is deemed unfair.

3. 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 appeal is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;