The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six 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 (in six months of imprisonment without prison labor) is too unreasonable.

2. The judgment of the Defendant caused the instant accident in violation of the duty of care in the night, which led to the occurrence of the injury to the injured party, and the fact that the injured party did not agree with the injured party is disadvantageous.

However, the fact that the crime is recognized and is against the victim, and the victim is also facing the 7-lane road going to and from the heart where it is difficult to secure the view of view, and the accident was committed while crossing the crosswalk without permission even though the pedestrian signal is red, the defendant has an opportunity to take a careful care by living more than 2 months of detention, there is no same power, there is no record of criminal punishment except for punishment of a fine on one occasion around 2000, and there is no other favorable circumstances such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, circumstances after the crime, the balance with the punishment in the same and similar cases, etc., the judgment of the court below is recognized as unfair by taking into account the punishment of the defendant.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The text of the suspended sentence, taking into account the various factors presented in the part on the judgment of the above unfair sentencing grounds for sentencing under Article 62(1) of the Criminal Act (the above sentencing chief’s argument).