The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable for eight months of imprisonment without prison labor declared by the defendant.

2. The judgment of the court below, in full view of the following factors: (a) while driving a car, the defendant caused a traffic accident that shocks the elderly victim who dried the crosswalk in accordance with the pedestrian signals; (b) although it is recognized that the degree of injury of the victim is severe, the case is against the defendant's recognition of the crime of this case; (c) the defendant consented to the crime of this case in the first instance; (d) the victim expressed his intention not to punish the defendant; (e) the vehicle is covered by a comprehensive insurance; (e) the defendant's vehicle is covered by a comprehensive insurance; (e) the medical expenses can be paid with the insurance money; (e) the first offender who has no record of criminal punishment; and (e) other various circumstances, including the defendant's age, environment, occupation, family relationship, the circumstances leading to the crime of this case, and the circumstances before and after the crime, the punishment of the court below is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the preceding reasons for reversal);