Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

2. Considering the fact that the nature of the instant crime is not good, that the Defendant’s negligence is serious and that the result of the victim’s death occurred due to the instant crime, strict punishment against the Defendant is necessary.

However, the court below's punishment against the defendant is too unreasonable since it is recognized that the defendant's punishment against the defendant is too unreasonable, considering the following factors: the defendant's initial crime with no criminal history; the defendant's negligence seems to have contributed to the expansion of damage caused by the accident in this case; the defendant's agreement was reached smoothly with his bereaved family members; the balance between the defendant's bereaved family members; the defendant's age, sexual behavior and environment; the defendant's age, motive, means and consequence of the crime; and other conditions of sentencing specified in the argument in this case, such as the circumstances after the crime, etc.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are 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 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;