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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
Reasons
1. The summary of the grounds for appeal (one year’s imprisonment without prison labor) of the lower court is excessively unreasonable.
2. The Defendant’s crime of this case, while driving a bus by a right-hand, is shocked to the victim who was standing a bicycle on the pedestrian signal and scam the victim with a crosswalk, and it is inevitable to severely punish him/her as his/her nature and result of his/her crime is very serious.
However, in full view of the fact that the victim's bereaved family members were deposited in the trial for the first time, that the bus operated by the defendant was subscribed to the mutual aid association of the bus mutual aid association, that the defendant was in depth against his mistake, that the defendant is in contravention of his age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime of this case, etc., the sentence of the court below is somewhat unreasonable.
3. If so, the defendant's appeal is with merit, and 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 pleading.
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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;