The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (in the event of imprisonment without prison labor for not less than five months) is too unreasonable.

2. The fact that the victim’s degree of damage appears to have been serious, that the defendant is unable to receive a letter from the victim, and that the defendant, even though he was a vehicle stop signal, is proceeding without being bound by the speed immediately before the crosswalk stop line, is disadvantageous to the defendant.

However, the fact that the defendant is divided into and reflected against the defendant's mistake, that the defendant's taxi is covered by the insurance policy of the Korean Financial Cooperative of the taxi transport business association, and the medical expenses of the victim are partly paid and the additional damage is expected to be paid, and that the signal is changed immediately before the victim is shocked, and that the defendant does not violate the signal, etc. is favorable to the defendant.

In full view of the Defendant’s age, sexual conduct, means and consequence of committing a crime, equity in sentencing with other similar cases, and all other sentencing conditions indicated in the records and arguments in this case, the sentence imposed by the lower court is deemed to be excessive and unfair, and thus, the Defendant’s assertion is reasonable.

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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted 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 Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. An order to attend a course under Article 62-2 of the Criminal Act;