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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In full view of the various sentencing conditions indicated in the instant case, such as: (a) at the time of the instant accident, the victim was negligent in exercising due care; (b) the Defendant was found to have committed a mistake; (c) there was no history of criminal punishment for the same kind of crime; (d) the victim’s bereaved family members deposited KRW 10 million with the victim’s bereaved family members as the principal deposit; and (e) the victim’s bereaved family members have recovered from partial property damage, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (Consideration of the part concerning judgment on the grounds of appeal);

1. Order to attend lectures under Article 62-2 of the Criminal Act;