Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment without prison labor for eight months.

except that this judgment.

A. The punishment sentenced by the lower court (the imprisonment without prison labor for eight months) is too unreasonable.

B. Defendant B (1) In the event of misunderstanding of facts, the fact that the Defendant received the rear part of the truck drive of the victim G (hereinafter “victim”) (hereinafter “victim”) in front of the Defendant’s driving at the time of the instant case, but there is no proximate causal relation between the Defendant’s negligence and the death of the victim.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

(2) The sentence imposed by the lower court (two years of suspended execution in August) is too unreasonable.

2. Determination

A. The circumstances favorable to the defendant are as follows: (a) the confession and reflect of the defendant A; (b) the track of the defendant's driver is a member of the Korean Trucking Mutual Aid Association; (c) the defendant is in a position to support his family; and (d) the defendant has no same penalty power.

However, the crime of this case was committed by the defendant while driving on a new wall at an expressway for a long time and neglecting his duty to do so, and the rear part of the damaged vehicle in the front direction of the defendant's driving is the front part of the defendant's driving, and the crime of this case was committed by the co-defendant B again by Co-defendant B's shock vehicle stopping in the shock of the accident, resulting in the death of the injured vehicle due to the defendant and B's joint occupational negligence. The case is not less complicated; the defendant did not take any measures to prevent the subsequent exercise; the defendant did not agree with the bereaved family of the victim until the trial; the defendant did not agree with the bereaved family of the victim; the defendant's character, conduct and environment of the defendant; the background and result of the crime of this case; the circumstances after the crime of this case.