The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment without prison labor and two years of suspended execution) is too unhued and unfair.

2. In light of the following: (a) the instant accident was determined by the court below; (b) the Defendant’s driving of a vehicle in violation of the duty of pedestrian protection in the crosswalk, and the quality of the crime was bad; (c) the victim suffered serious injury, such as the cutting of a duct, which requires treatment for about 12 weeks due to the instant accident; and (d) the treatment has not yet been completed; and (c) the victim did not reach an agreement with the victim; and (d) the victim was punished by a severe penalty against the Defendant on the part of the victim, the sentence imposed by the court below is deemed unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the appeal is again ruled as follows

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment shall be determined within the recommended range set by the sentencing guidelines set by the Sentencing Commission of the Supreme Court, as follows: (a) the relevant criminal facts; (b) Article 3(1) and (3) proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment; and Article 268 of the Criminal Act: (c) traffic accidents in general; (d) Type 1 (the injury resulting from traffic accidents) [No criminal punishment for vehicle comprehensive insurance for mitigated factors] - None of criminal punishment for vehicle comprehensive insurance for aggravated factors - Other cases falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the scope of recommending punishment) - April 10 [the decision of sentence] from May 5.