The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the court below (10 months without prison labor) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The sentencing conditions disadvantageous to the Defendant are the following: (a) the result of the victim’s death serious result due to the Defendant’s breach of the duty of care; and (b) the Defendant’s failure to reach an agreement with his/her bereaved family members up to the trial.

However, it is against the defendant's recognition of the crime of this case, the defendant deposited a sum of KRW 20 million for the bereaved family members of the victim when the defendant was in the first instance, the defendant did not have any history of criminal punishment for the same crime, and the victim has been negligent even though the pedestrian signal has been completed.

In full view of the fact that the defendant appears and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is somewhat inappropriate, and thus, the defendant and his defense counsel’s allegation of the above sentencing is reasonable, and the prosecutor’s above argument of the sentencing is without merit.

3. In 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 it is again decided as follows (inasmuch as the court below's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in its order). The summary of the facts constituting an offense and the evidence and the summary of the evidence are identical to each corresponding column of the court below, and thus, they shall be cited in accordance with Article 369 of

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;