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.

The sentence of the lower court (one year of imprisonment without prison labor) is too unreasonable.

Judgment

In light of the fact that it is difficult to see that the defendant violated his duty of care at the time of the accident of this case, and that the defendant caused the serious result of the victim's death, etc., it is deemed that the crime of this case is inappropriate since the court below's punishment is somewhat inappropriate, considering all of the sentencing conditions such as the confession and reflection of the defendant's crime of this case, the fact that the victim is admitted to cargo deduction, the fact that the victim's bereaved family members and the victim's bereaved family members have agreed smoothly in the trial, the fact that there was no record of punishment for the same crime, the fact that there was no other defendant's age, character and behavior, environment, and circumstances after the crime, etc.

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 based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: (a) except where the "1. Part of the defendant's court statement" in the summary of the evidence written in the original judgment is used as "1. The defendant's court statement", it is identical to each corresponding column of the original judgment, and thus, it is acceptable in accordance with Article 369

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 suspension of execution (including the fact that the court has agreed with the bereaved family members of the victim);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;