Defendant shall be punished by imprisonment without prison labor for eight months.

2. However, the Defendant’s failure to take safety measures to prevent interference with the traffic of other vehicles by using a taillight or a bomb, etc. even though the Defendant committed a considerable part of the one-lane of the loading and unloading operation during the loading and unloading operation, and the Defendant’s death of the victim and his result are very heavy, and the Defendant did not agree with the bereaved family members, and the bereaved family members want to be punished by a sentence against the Defendant, in light of the following: (a) the Defendant’s death and the victim did not reach an agreement with the bereaved family members; and (b) the bereaved family members want to be punished by the

However, the circumstances favorable to the defendant are not taken into account, such as the fact that the defendant deposited a total of KRW 10 million for the victim's bereaved family members when he was in a trial, and that the defendant has no same criminal records, and that the defendant led to confession and reflects all of the crimes. In addition, considering the following factors, considering the defendant's age, character and conduct, intelligence and environment, circumstances after the crime, and the sentencing conditions specified in the argument of this case, the sentence imposed by the court below against the defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the Selection of Imprisonment without prison labor;