Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

2. The judgment of the court below is somewhat inappropriate in full view of all the sentencing conditions of this case including the defendant's age, character and behavior, environment, circumstance and result of the crime, etc., and the court below's punishment is somewhat inappropriate in full view of the following: the defendant's crime of this case is against the principle of good faith; the traffic accident of this case occurred due to negligence of neglecting his duty of good faith; the traffic accident of this case does not fall under the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; the defendant's vehicle is covered by comprehensive insurance; the defendant's vehicle was deposited for the victim at the court of first instance; the defendant deposited KRW 3 million for the victim; and additionally deposited KRW 2 million at the court of first instance; and all the sentencing conditions of this case as shown in the records and arguments.

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 following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, it shall be quoted 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 Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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