The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended sentence of 2 years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) imposed by the court below is too uneasible and unreasonable.

2. The fact that the defendant repents his mistake and reflects his depth, and that the defendant has no record of punishment is favorable to the defendant.

On the other hand, the defendant did not make efforts to recover damage to the victim until now, such as the defendant's violation of the duty to observe the signal and the duty to protect pedestrians, and the victim suffered injury while requiring medical treatment of about 16 weeks or more, and the nature of the crime is not weak, the accident vehicle was not covered by mandatory insurance, and the victim did not pay medical expenses to the victim.

In addition, taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to be too uneasible and unfair

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows after pleading.

【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 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 (the occupation of operating mandatory insurance and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Criminal Act (the above two crimes are committed.