The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. As to the Defendant’s assertion of unfair sentencing, the Defendant’s gross negligence, i.e., the Defendant’s violation of signal and the violation of the duty to protect pedestrians on the crosswalks, shocking the victim who was standing along the pedestrian signal without any negligence, resulting in a serious result of the victim’s death, and the Defendant appears to have received a large mental impulse due to the instant crime, and the Defendant did not reach a proper agreement with the bereaved family members, and the victim’s bereaved family members are recognized as having committed the Defendant’s severe punishment.

However, it is determined that the court below's sentencing is unfair considering the following circumstances: (a) the defendant has no previous conviction except for the defendant who was sentenced to a fine of KRW 1.5 million in the court below for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents before 10 years, and the defendant was engaged in driving service to support wife and disabled children even though they were old; (b) the defendant was engaged in driving service to support the wife and disabled children at the time of the accident; (c) some money such as hospital expenses was paid to the victim's bereaved families because the vehicle was covered by comprehensive insurance; (d) the victim's bereaved families and insurance companies were currently under civil litigation on the compensation for damages; (e) the victim's bereaved families and insurance companies could expect considerable amount of damage recovery; (e) the defendant deposited KRW 10 million in the court below's judgment for the victim's bereaved families; and (e) the defendant deposited additional amount of KRW 5 million in the court below's judgment; and (e) the defendant engaged in driving service in the accident before the accident.

2. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.