The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for not more than four months, one year of suspended execution, and 40 hours of attending a compliance driving course) of the lower court is deemed unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and was the first offender with no record of criminal punishment.

B. However, the Defendant, while driving a motor vehicle on the crosswalk, did not find the elderly victim at the crosswalk and shocking it. The Defendant did not find the elderly victim, and the nature of the crime was less and less, and the victim suffered serious injury, such as cerebralopia, pneathy, and blood transfusion, which requires a six-day medical treatment due to the instant traffic accident, and the victim did not agree with the victim up to the trial, and it appears that he did not make any effort to recover damage, and the Defendant did not subscribe to a comprehensive motor vehicle insurance (only subscribed to liability insurance) and other circumstances that form the conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age, circumstances leading to the crime, and after the crime, it is determined that the lower court’s punishment is too unreasonable.

C. Therefore, the prosecutor's above assertion is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Act concerning facts constituting an offense, 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;