The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the sentence of the court below (10 months) is too unreasonable.

2. The Defendant, prior to the occurrence of the instant accident, was aware that the victim was crossinging a road without permission, but neglected to perform his/her duty of care at the front of the road, and accordingly, deemed that the victim was able to cross the road.

In this case, the victim caused a traffic accident, and therefore, the victim's serious injury is considered to be disadvantageous to the defendant. However, in light of the fact that the defendant is in the course of rehabilitation treatment from the investigation stage to the trial stage, his own crime is divided and reflected in depth, that the victim has agreed with the victim during the trial, that the victim's negligence crossing the five-lane road without permission is also the cause of the accident in this case, and that the defendant's age, character and conduct, environment and other sentencing conditions are considered to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);