The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant's vehicle driving on the off and off the road at night but temporarily stops or stops along the crosswalk while driving the road at night, and the defendant's fault in the traffic accident is serious enough to cause the damage to the victim due to his fault while driving the road at the crosswalk.

The victims are elderly women and serious injuries.

The defendant is not covered by the comprehensive motor vehicle insurance, and medical expenses in excess of the limits of mandatory insurance (liability insurance) have occurred.

On the other hand, the fact that there is no history of criminal punishment against the defendant, and that the victim does not want punishment against the defendant by mutual consent with the victim and the victim is a favorable condition to the defendant.

In addition, if the court below comprehensively takes into account the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, sexual conduct, environment, etc. various sentencing conditions as shown in the argument of this case, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (the imprisonment without prison labor for not less than 4 months to 10 months) and the basic area of the traffic accident of this case from 4 months to 10 months, the court below's punishment is too unreasonable, and the defendant's argument is justified.

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 ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. The Criminal Act, the suspension of execution;