The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. Determination of the abstract of the grounds for appeal (a year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service) is unreasonable;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing criteria (one year from April to one year in the safe).

However, if we review the sentencing factors, such as the elderly, the occurrence of an accident, the occurrence of the victim's unauthorized crossing, and the agreement with the bereaved family, it is recognized that the amount of the original sentence imposed by the community service service while suspending the execution of imprisonment without prison labor is somewhat unreasonable.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;