The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in August of the imprisonment without prison labor) is too unhued and unreasonable.

2. Although the judgment of the defendant was covered by a comprehensive insurance, the traffic accident of this case occurred due to the defendant's violation of signal, the injury suffered by the victim due to negligence in violation of the duty to protect pedestrians in the crosswalk, the insurance money is partially paid and the civil repayment deposit (it is unclear whether the defendant was able to compensate for the damage suffered by the victim because he/she deposited KRW 6 million in advance) was made, the damage was not recovered, the defendant was not able to receive from the injured person, the fact that the defendant was sentenced to a fine for the same kind of crime, and all other sentencing factors such as the defendant's age, sex, family relation, motive, means, consequence, circumstance, etc. are considered as inappropriate.

The prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order does not fall under the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents

However, the court below is legitimate.