The sentence against the accused shall be 10,000,000 won.

The above fine shall be imposed on the defendant.

The sentence of the lower court (two years of suspended execution for six months of imprisonment without prison labor, and 80 hours of social service) is too unreasonable.

Judgment

The defendant's negligence did not neglect his duty of care on the front of the platform where the passage of people is frequent, but caused the result of the victim's death. The nature of the crime of this case is heavy.

However, considering the following factors: (a) the fact that the Defendant recognized his criminal act and is against himself; (b) the victim’s negligence on the road, which is a sudden kibro, appears to have been the main cause of the instant traffic accident; (c) the Defendant’s bereaved family members do not want to punish the Defendant; and (d) the Defendant’s bereaved family members do not want to punish the Defendant; and (c) the Defendant did not have any other criminal record other than fines on two occasions due to the instant crime; and (d) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime, circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be unreasonable, and thus the Defendant

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

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