The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (six months without prison labor) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is recognized as having caused the death of the victim of the crosswalk because of the mistake of driving the crosswalk as it is without checking whether the defendant was a person to build the crosswalk, and without checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

However, in light of the fact that the defendant led to the confession of the crime, and his mistake is divided in depth, there is no history of punishment heavier than the fine, and there is no history of punishment for the same kind of crime, the piracy vehicle is admitted to the taxi mutual aid association, the victim's bereaved family members were paid KRW 25 million in depth, and the victim's negligence who illegally crosses the crosswalk without permission has contributed significantly to the occurrence of the accident of this case without disregarding pedestrian stop signal at the heart, and other sentencing conditions specified in the argument of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except that the phrase “D company” in the column 2,3 of the lower judgment’s criminal history as “K company” is deemed as the same as the corresponding column of the lower judgment; and (b) accordingly, the summary of the facts charged and the relevant evidence is cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;