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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. Although the instant traffic accident resulted in the death of the victim due to the death of the victim, the lower court’s punishment seems to be somewhat unreasonable if examining all the sentencing conditions indicated in the records, including the following: (a) the Defendant was found to have caused the death of the victim due to the death of the victim; (b) the victim’s bereaved family members and bereaved family members were aware of their intention not to be punished; (c) the victim’s non-guilty negligence without permission and the victim appears to have contributed to the occurrence of the traffic accident or the expansion of damage; and (d) the Defendant did not have any penalty power.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and thus, they shall be quoted as they are 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 in the Selection of Punishment, Article 268 of the Criminal Act, Article 62 (1) of the Criminal Act;