The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal is too unreasonable that the imprisonment without prison labor for four months sentenced by the court below to the defendant is too unreasonable.

2. The crime of this case is acknowledged in light of the following facts: while the defendant was in color, when the pedestrian signal is red, the victim, who was driving the off-to-land in accordance with the direct progress signal, was injured by the victim who was rapidly traveling the off-to-land in order to avoid collision with the defendant, and the victim was injured by the need for treatment for about six weeks after exceeding the road, and the degree of the damage, etc., the case is not less easy in light of the degree of damage, etc., and the agreement with the victim was not reached until the trial.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening his mistake; (b) appears to have been negligent in the occurrence of the instant accident even for the victim who driven under the influence of alcohol 0.128% at the time; (c) the Defendant deposited KRW 1 million for the recovery of damage to the victim; (d) the Defendant did not have any particular criminal history after around 1977; and (e) the Defendant’s economic situation is not good, such as the cancellation of apartment security guards after the instant case; and (e) other various circumstances, including the Defendant’s age, environment, occupation, family relationship, the circumstances leading to the instant crime; and (e) the circumstances after the instant crime, etc., the sentence imposed by the lower court 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 identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;