Defendant shall be punished by imprisonment without prison labor for one year.

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

The gist of the grounds for appeal by the defense counsel is that the punishment (one year of imprisonment without prison labor) imposed by the court below is too unreasonable, and against this, the summary of the grounds for appeal by the prosecutor is that the punishment imposed by the court below is too uneasible and unfair.

Therefore, in light of the fact that the defendant caused the death of the victim who has faithfully endeavored to enjoy elbs of his own elbs due to the gross negligence of violating the duty of care as a driver, and the degree of the pain that the bereaved family, including the parent of the victim, seems to be difficult to measure the degree of pain, it is reasonable to punish the defendant strictly.

On the other hand, however, the court below's sentencing is unfair on the grounds that the defendant has been divided in depth, the victim's bereaved family members have deposited money 20 million won for the victim's bereaved family members, and the bereaved family members have agreed with the victim's bereaved family members in the first instance, and the bereaved family members have agreed with the victim's bereaved family members in the first instance, the defendant's driver's vehicle is expected to be covered by comprehensive motor vehicle insurance and thus compensation for the bereaved family members in money, the defendant's vehicle has no power to commit any crime, the victim has a negligence without permission at night, and the victim is also at night, and other various circumstances are considered as conditions for sentencing specified in the arguments and records of this case, including the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime. Thus, the court below's sentencing is justified, and the defendant and his defense

If so, the defendant's appeal is justified, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.

( long as an appeal by the defendant is reversed on the grounds of its reasoning, the prosecutor's appeal shall not be dismissed separately).