The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

The main point of the defendant's appeal is that the punishment of the court below (the imprisonment of August, the suspension of execution of two years, and community service 160 hours) is too unreasonable.

Considering that there is a history of punishment for an accident causing death by shocking the pedestrian who has laid the crosswalk even before the defendant, there is a need to punish the defendant strictly.

However, the above accident occurred due to the defendant's negligence in violation of the signal, which caused the shock of the victim who dried the crosswalk pursuant to the pedestrian signals. On the other hand, on the crosswalk where the accident of this case occurred, there is no pedestrian signal, but a pedestrian signal is installed immediately before the accident in the direction of the defendant's vehicle, and there is a high risk of an accident in the location of the crosswalk. At the time of the accident in this case, at night, the accident in this case seems to have occurred, and there is a little difficulty in discovering the pedestrian. The victim's injury degree is relatively minor, the victim is relatively minor, the defendant paid 10,000,000 won to the victim, and the victim wanted to take care of the defendant. The defendant suffered from the Compilation mental disorder due to the big mental shock, and thereby, it is difficult to lead a normal daily life due to this accident, and it is hard to conduct a normal life due to it, considering the circumstances of the accident in this case, the situation after the accident, the degree of damage and damage, and the defendant's age and character and behavior.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the facts charged and the summary of evidence recognized by the court, as stated in each corresponding column of the judgment below.