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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment without prison labor and 2 years of suspended execution) is too uneasy and unreasonable.
2. The judgment of the defendant recognizes the crime of this case and reflects the depth thereof, the defendant agreed with the bereaved family members of the victim smoothly, and the defendant is more favorable to the fact that there is no other record of criminal punishment except punishment imposed once by a fine not exceeding seven years.
However, the crime of this case is likely to cause a traffic accident by gross negligence while driving on the road at low speed, resulting in the death of the victim. The reason and result of the crime of this case are considerably poor. The defendant, before reaching the crosswalk in which the accident of this case occurred, passed through another crosswalk and vehicle signal, etc. one more times. However, although the vehicle signal, etc. of the crosswalk of this case already in front of a considerable distance at the crosswalk in time of passing through the crosswalk of this case was yellow light, even though the traffic signal, etc. of the above crosswalk of this case had been driven at a speed of 60 km speed, speed of 108 km at the road in order to pass the crosswalk of this case, it appears that the damaged person could have avoided the accident of this case without any excessive speed and signal violation, and it seems that there were no factors to obstruct the time of the accident of this case, and that there were many circumstances to prevent the defendant from committing the crime of this case and to take into account the motive and circumstances of the defendant's participation in the crime of this case, etc.
The prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is justified.