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

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

2. In full view of the following circumstances: (a) the judgment was examined; (b) the Defendant agreed with the bereaved family members of the victim when the Defendant was in the first instance trial; (c) the vehicle driven by the Defendant was covered by a comprehensive motor vehicle insurance and thus paid considerable compensation to the victim; and (d) the Defendant did not have any specific criminal punishment other than once before and after the fine of this kind; and (e) other circumstances, which are the sentencing conditions specified in the argument of this case, including the background leading up to the instant accident; (d) the Defendant’s age, sexual conduct, environment, and conditions before and after the commission of the crime,

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.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition for the reasons of not less than Article 62-2 of the Criminal Act;