The judgment of the court below is reversed.

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

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

1. The sentence (six months of imprisonment without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendant caused a traffic accident that the victim suffered from an injury due to a direct negligence in violation of the duty to protect pedestrians, and the degree of such injury is not weak, and it is not agreed with the victims, etc. are disadvantageous to the defendant.

However, in full view of the fact that the defendant's mistake and reflects, there is no past record of criminal punishment before the case, the fact that there is a family member to support, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant'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 defendant's appeal is again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the favorable circumstances in the judgment under paragraph (2));

1. The sentencing conditions examined in the determination of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Social Service Order and Order to Attend a lecture shall be determined as ordered in consideration of all the sentencing conditions examined.