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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal is unreasonable because the punishment sentenced by the court below to the defendant is too unlimited (ten months of imprisonment).
2. The judgment below did not confirm whether pedestrians are passing the crosswalk before the crosswalk in violation of the duty to protect pedestrians in the crosswalk and caused the instant traffic accident at a speed of about 59 km at a speed of about 59 km in Si/Gun/Gu without reducing the speed of the road, although the victim gets on the crosswalk, while driving the crosswalk at a speed of about 59 km. The victim suffered serious injuries, such as acute climatic species which require medical treatment for about 11 week, sporadism, sporadism, chronic sporadism, and cage spores, etc. The victim was covered by the liability insurance policy only, and the victim was covered by the victim's accident insurance with approximately KRW 20,000,000,000 for non-life insurance to which he was admitted, and the victim's family members and his family members were strongly punished by the victim's family members and the defendant's family members, and the victim's family members and the defendant's family members were sufficiently punished.
However, it is more favorable for the defendant to recognize and reflect the crime of this case, the defendant is the first offender who has no criminal power, and the court below deposited KRW 2 million in order to recover the victim's damage, and additionally deposited KRW 10 million in the court below.
In light of the above various circumstances, the lower court’s punishment is unreasonable by taking into account all the conditions of pleadings and the records, such as the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the means and consequence thereof, etc.
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.