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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (for a period of four months without prison labor and one year of suspended execution) of the lower court is too unreasonable.
2. The instant accident is an accident that causes the shock of the victim walking along the crosswalk according to the pedestrian signal, and the degree of negligence of the defendant is serious, and the defendant is highly likely to be subject to criticism due to the occurrence of the instant accident while serving as a driver of a large city bus while serving as a driver of the instant accident, and the defendant is punished for the same kind of crime in 2018.
However, in light of all the conditions of the arguments and records of the case including the defendant's age, character and behavior, environment, relationship with the victim, details and contents of the crime of this case, circumstances after the crime of this case, etc., it is recognized that the sentence of the court below is too unreasonable in light of the following factors: the defendant's punishment is too unreasonable, including the fact that the victim was unable to punish the defendant by mutual consent with the victim; the degree of injury of the victim was not much serious; the defendant supported the married couple who is the visually disabled; and the defendant shows an attitude to recognize and reflect the defendant's wrong.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of evidence recognized by the court below are identical to each corresponding part of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act,
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: “The judgment on the grounds for sentencing” in Article 334(1) of the Criminal Procedure Act was considered.