The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. Circumstances favorable to the defendant are as follows: (a) the victim expressed his/her intention not to punish by mutual consent with the victim; (b) the vehicle operated by the defendant is covered by a comprehensive insurance; and (c) the defendant has no record of being punished for traffic crimes.

However, the instant accident is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant’s negligence, which violated the duty to protect pedestrians in crossing protection, was not less vulnerable to the Defendant’s negligence; (b) the elderly victims suffered a large amount of 14 weeks including the alley, and (c) it appears that there is considerable inconvenience in living even after the treatment is completed.

Examining the aforementioned circumstances and the various conditions of sentencing as shown in the records and arguments of this case, such as equity with the sentencing of similar cases similar to the defendant, and the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, it is deemed that the sentence of the court below is unfair because it is too uneasible.

Therefore, the prosecutor's argument of unfair sentencing is justified.

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 decided as follows

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries 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) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the preceding reason for sentencing in consideration of favorable circumstances among the reasons for sentencing);

1. Scope of punishment by law: One to five years from January of a credit cooperative;