The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s punishment (six months of imprisonment without prison labor, two years of suspended execution, one of 120 hours of community service, and 80 hours of attending courses).

2. The Defendant has the following disadvantageous circumstances:

In order to pass through a sidewalk without properly examining the rear side and left side of the vehicle, the defendant shocked a pedestrian while driving the vehicle, and the defendant's negligence on the occurrence of the accident is serious.

In addition, in the foregoing accident, elderly victims suffered serious injury to the upper part of the upper part of the upper part, which requires approximately 6 weeks of medical treatment, and thus, the result of the accident is not weak.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

There is no record that the defendant was punished for the same crime before the crime of this case or was punished in excess of the fine.

The defendant paid 3 million won with the agreed amount to the victim, and the victim did not have the punishment for the defendant in consultation with the victim.

The insurance company paid approximately KRW 4 million to the victim for medical treatment, etc.

In light of the sentencing conditions shown in the argument of this case, including the above conditions favorable to the defendant, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;