The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

As to the punishment of the court below (six months of imprisonment without prison labor, two years of suspended execution, and community service), the defendant asserts that the punishment is too unreasonable, and the prosecutor asserts that the punishment is too unfeasible and unfair.

The fact that the defendant was faced with pedestrians while driving a bicycle, and the elderly victims suffered serious injuries and the victim wanted to be punished strictly by the defendant is disadvantageous to the sentencing.

However, in light of the fact that the Defendant has no criminal history, and the place of the accident is an exclusive road for bicycles, and that there was a delivery for pedestrians immediately next to the accident, the fault of the victim was also contributed to the accident, the damage of the victim is compensated for within the limit of 100 million won of the driver insurance (special agreement on family life liability) to which the Defendant subscribed, and the compensation for the damage claimed by the victim is KRW 81 million, and the damage is recovered. In full view of the fact that the insurance money was already paid in KRW 12 million, and other various sentencing conditions in the instant case, such as the Defendant’s age, sexual behavior, environment, etc., the sentence of the lower court is unreasonable.

Therefore, the defendant's assertion is with merit and prosecutor's argument is without merit.

Since an appeal by a defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleadings ( insofar as the appeal by a defendant is reversed on the grounds that the judgment of the court below is reasonable, the prosecutor’s appeal is not dismissed in the order). It is as stated in the corresponding column of the

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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;