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.

Defendant

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

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The result was that the victim died due to the defendant's occupational negligence.

However, the defendant was the first offender who has no record of criminal punishment, and was trying to recover damage, and the court agreed with the victim's bereaved family in the trial.

It seems that the defendant will lead to the death of the company, which he knew of his fault for a long time and caused the death of the company, and life with the awareness of the crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

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

(4) Article 369 of the Criminal Procedure Act provides that a public prosecutor’s appeal shall not be justified, but shall not be dismissed separately from the disposition of the court below, inasmuch as the appeal by the public prosecutor is accepted by the defendant, and the judgment of the court below is reversed.

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accidents [Type 2], the death of a traffic accident (special person who is a special person], and the factors to reduce the punishment: to recover damage resulting from failure to punish.