The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (8 months) by the lower court is too unreasonable.

2. The degree of negligence of the accused is severe by neglecting the signal apparatus's stop signal and causing the shock of the victim who has dried up along the pedestrian signal at the crosswalk.

The degree of damage is also important for the victims, suffering from heavy injuries that require medical treatment for a period of 10 weeks.

There are many criminal records related to traffic, such as drinking and unlicensed driving.

On the other hand, the defendant shows his attitude to reflect his wrongness in depth.

The defendant, who has been engaged in the business of vicarious driving, moves to the scene after contact with vicarious driving.

It seems that the crime was committed with an urgent mind.

The judgment below

After the sentence, 8 million won is paid to the victim and the victim does not want to punish the defendant.

In addition, considering the defendant's age, living environment, motive and background of the crime, circumstances after the crime, criminal records, and the sentencing guidelines of the following Supreme Court, the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

O Traffic Crime Sentencing [Determination of Punishment] Where the illegality of the injury (type 1) of a traffic accident is serious (violation of signal, violation of duty to protect pedestrians at crosswalks) in the proviso of Article 3 (2) (excluding the proviso) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Violation of Signals, Violation of duty to protect pedestrians at crosswalks) (the element of mitigation of special punishment) [the scope of recommendation] basic area of punishment [the scope of punishment], the criteria for suspension of the execution of 4 months - 1 year / the case where the illegality in the proviso of Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the main reason for punishment]

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[The reasons for the judgment in multiple times] criminal facts and summary of evidence.