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

2. The judgment of the defendant has the criminal history of traffic accident, and the accident of this case occurred due to the defendant's violation of the defendant's signal, and the victim's death led to the death is disadvantageous to the defendant.

On the other hand, the fact that the defendant reflects the crime of this case, that the defendant subscribed to a motor vehicle comprehensive insurance, that the defendant's bereaved family members do not want the punishment of the defendant under the agreement with the representative of the bereaved family members, and that there is old age to support the defendant is favorable to the defendant.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

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. It is so decided as per Disposition on the grounds of the relevant legal provisions of the crime, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act or more (Selection of Imprisonment without prison labor