The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence of the court below (10 months) is too unreasonable.

2. The degree of injury inflicted on the victim is an unfavorable circumstance to the defendant.

However, considering the occurrence of the accident and the speed of the vehicle of the defendant, it is difficult to see that the degree of the fault of the defendant is serious, and the degree of shock is not strong, and the victim who illegally crossed the accident of this case is responsible for the occurrence of this case. The defendant reported 119 immediately after the accident, and applied relief measures, and the vehicle of the defendant was covered by the comprehensive motor vehicle insurance, and it seems that the payment for losses will be made in the future. In the first instance, the court below's punishment is unfair because it is too unreasonable, considering the fact that the defendant deposited KRW 50 million in addition to the civil damages for the victim, and the first offender is the first offender.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the various circumstances examined in the judgment on the grounds for sentencing prior to the sentencing.