The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for six months, the suspension of execution for two years, and the community service order for 40 hours) is too unreasonable.

2. The determination that the Defendant caused the instant traffic accident by violating his/her duty to observe signals and to protect pedestrians, and that the degree of injury to the victim is minor;

The fact that it is not visible is disadvantageous to the defendant.

On the other hand, the fact that the defendant repents and reflects his mistake, the fact that the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the defendant has reached a unanimous agreement with the victim in the trial of the party, which is favorable to the defendant.

In addition, given the Defendant’s age, sex, environment, motive, means, and consequence of the crime, all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s above assertion is with merit.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

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

1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in light of the overall sentencing conditions as examined in the determination of Article 334(2).