A defendant shall be punished by imprisonment for not less than two years and six months.

2. The judgment of the court below does not mean that the crime of this case committed by the defendant causing a traffic accident, resulting in the death of the victim and the crime of this case committed by the victim. The defendant was sentenced to a fine of KRW 10 million due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents on October 18, 2007, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act (dacting) on April 10, 2013, and the violation of the Road Traffic Act (dacting). However, although the defendant was sentenced to a fine of KRW 10 million due to a traffic accident, the defendant was committed at the time of the crime, and the victim's bereaved family members were not punished against the defendant, and the victim's bereaved family members were charged with insurance money from the insurance company to which the defendant was admitted, and considering all the sentencing conditions shown in the argument of this case, such as the victim's age, sex, and environment.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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 Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime, and Article 268 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;