The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution of imprisonment without prison labor for six months, 40 hours of community service, and 40 hours of instruction of compliance driving) is too unreasonable.

2. The crime of this case is acknowledged that the defendant was negligent in driving the crosswalk while violating signal and suffered from the victim's body flaging the crosswalk, which requires approximately 10 weeks of treatment, and the criminal liability is grave, and the part and degree of the injury are heavy.

However, in consideration of the fact that the Defendant led to the confession of the crime and divided his mistake, the fact that there was no other force except a fine of KRW 50,000,00 for the violation of the Punishment of Violences, etc. Act in 1983, and there was no record of punishment for the same crime, the vehicle under the agreement with the victim, the fact that the vehicle was covered by the comprehensive motor vehicle insurance, the fact that the vehicle is currently suffering from brain-disease disorder, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions as shown in the argument in this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);