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

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

2. In light of the above circumstances, such as the fact that the result of the death of the victim was caused by the instant accident, etc., the lower court’s punishment is unreasonable on account of the following: (a) the Defendant’s mistake is recognized; (b) the vehicle driven by the Defendant was covered by comprehensive insurance; (c) the amount of KRW 7 million is paid to the bereaved family members of the victim; (d) the occurrence of the instant accident was partially negligent to the victim; and (e) the Defendant’s health was not good; and (e) the Defendant’s care is to be provided to his wife at the age of 15; and (b) other various sentencing conditions indicated in the instant argument, such as the background of the instant crime; (c) circumstances after the commission of the crime; (d) the Defendant’s age, character, and conduct, 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.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);