The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The defendant asserts that the defendant's summary of the grounds for appeal is too unreasonable because the punishment (6 million won in penalty) imposed by the court below is too unreasonable, and the prosecutor asserts that it is too unfied and unfair.

2. The judgment of the Defendant caused a traffic accident under which the victim D (5) was aboard a bicycle for young children by negligence, which was negligent in neglecting the duty of care on the road in the apartment complex. The injury inflicted on the victim due to the instant traffic accident is an unfavorable circumstance to the Defendant that the degree of the injury is not less than that of the victim due to the ground that the victim’s injury was caused by the light of the upper right height of the 8 weeks, etc.

However, it is also recognized that the circumstances favorable to the defendant, such as the fact that the defendant confessions the facts of the crime and reflects the victim, the victim was hospitalized in the second-time hospital, and the victim appears to have recovered from the health after being hospitalized in the second-time hospital for about two months, and the vehicle operated by the defendant was covered by liability insurance, and 2.32,00 won was paid as insurance money to the guardian of the victim as the victim was covered by the victim's liability insurance. The victim's guardian who neglected to leave the victim's bicycle on the road where the vehicle traffic has been frequent, was negligent in the occurrence of the accident of this case and the expansion of damage.

Considering such circumstances and other circumstances as the defendant's age, sex, environment, background and result of the crime, circumstances after the crime, etc., various circumstances that form the conditions for sentencing as shown in the records and arguments in this case are considered, the court below's punishment is considered to be unfair due to excessive reasons.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

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. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.