The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the imprisonment without prison labor (10 months) sentenced by the defendant is too unreasonable.

2. Although the defendant's excessive negligence by violating the signal, the accident of this case occurred while crossing the road of this case where the victim had a considerable width of light 02:28, and the general driver is difficult to anticipate the unauthorized crossing of the road of this case. Thus, considering the various sentencing conditions in the records and arguments of this case, such as the fact that the general driver is considered favorable to the sentencing of the defendant, the sentence of the court below is too unreasonable.

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, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Where the victim was negligent in causing traffic accidents or expanding damage in the mitigated area (4 to 1 year), Article 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1)1 and 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommended punishment] of the mitigated area (4 to 1 year), and Article 3(2) proviso (excluding Article 3(2) proviso (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (excluding a serious effort to recover damage), or where the illegality of the victim was serious, or the driving of the motor vehicle is serious (the decision of sentencing) as stated in the judgment of the court below, taking into account the fact that the defendant's gross negligence caused the death of the victim, and the defendant is the first offender and the motor vehicle is a motor vehicle.