The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence of six months of imprisonment without prison labor, two years of suspended execution, and forty hours of compliance driving, which the court below sentenced to the defendant, is too unreasonable.

2. In full view of all the sentencing conditions indicated in the records and arguments, including the details and contents of the instant accident, the fact that the Defendant was subscribed to a comprehensive insurance, the fact that the Defendant deposited KRW 4 million for the victim at the time of the trial, and the Defendant was not punished by a fine exceeding the fine, etc., the lower court’s punishment is somewhat unreasonable.

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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection of a type of selective imprisonment without prison labor (the fact that an accident occurred in violation of the duty of pedestrian protection in the crosswalk and the fact that an elderly victim suffers serious injury in need of eight weeks' medical treatment, etc.);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence [decision of the type] the basic area [decision of the recommended area] the category 1 (Determination of the Injury by Traffic Accidents] of the general traffic accident [The scope of the recommended area] [the scope of sentence] four months to ten months without prison labor;

2. Six months without prison labor sentenced for a sentence (six months in consideration of all the circumstances mentioned in the preceding);

3. A decision on whether to suspend the execution of a motor vehicle shall be made by comprehensively comparing and evaluating the grounds for non-existence [Recommendation of Sentencing] [Determination on whether to suspend the execution of a motor vehicle]