Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

2. The Defendant’s negligence caused the result that the victim’s death could not be complied with.

However, in full view of the following circumstances: (a) the Defendant did not want the punishment of the Defendant by mutual consent with his bereaved family members; (b) the Defendant’s vehicle is covered by a comprehensive insurance; (c) the victim, at the right edge of the road, operated a bicycle at the time of the instant accident, has contributed to the occurrence of the instant accident and the expansion of damage by changing the lane from two lanes to one lane; and (d) other conditions attached to the sentencing indicated in the record, such as the Defendant’s age, sex behavior, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is 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 the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;