The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years of suspended sentence in October and 120 hours of community service order) is too uneased and unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant was a primary offender; (b) the Defendant was purchasing a motor vehicle comprehensive insurance policy; (c) the elderly victim suffered a bodily injury while cutting down the right to the right; (d) the victim is suffering from heavy depression, exchangeing, and exchange after a traffic accident; and (e) the traffic accident in this case occurred on the alley road (road width of 6 meters); and (e) the driver of the motor vehicle should have paid special attention to pedestrians from time to time without distinction between the sidewalk and the roadway; (d) the traffic accident occurred due to an erroneous operation of the direction and operation of the brake system; (e) the victim and his family members did not recover the Defendant’s severe punishment; and (e) the victim did not recover the Defendant’s age, family relationship, motive, means, and consequence of the crime; and (e) the sentencing of the motor vehicle after considering all circumstances, including the following circumstances: (e) the vehicle accident in this case occurred on a narrow road.

The prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;