The judgment of the court below is reversed.

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

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

The Prosecutor appealed on the ground that the lower court’s punishment (eight months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service) is too unfluent and unfair.

The grounds for appeal shall be examined ex officio prior to judgment.

In the first instance trial, the prosecutor applied for changes in the indictment against the defendant as stated in the following facts, and this court permitted the changes in the subject of the judgment, so the judgment of the court below is no longer maintained.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.

Punishment of the crime

The judgment below

In the last sentence of the criminal facts, the "victim F (79) was shocked to the right side of the victim F (79) and suffered serious injury to the victim, such as an indemnite booming blood transfusion, etc." was shocked to the upper right side of the victim F (79 years of age) on April 9, 2018, and caused the victim's death in theY convalescent hospital where hospitalized around April 01:28, 2018.

Except for the alteration to "the judgment of the court below", it is as stated in the judgment.

Summary of Evidence

Except for the addition of “the victim’s death diagnosis report”, it is as stated in the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the victim received brain surgery, but failed to recover consciousness and died.

Although the walking speed of the victim is not fast, the negligence of the defendant who is not found to have caused the victim is not easy.

The victim is negligent in contributing to the occurrence of accidents and the expansion of damage by cutting off the crosswalk without due care of the vehicle in the direction of the defendant and crossing the road without permission.

. The defendant-appellant.