1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment without prison labor for one year;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. The penalty (one and half years) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following circumstances: (a) the defendant committed the crime of this case at the same time during the suspension period of the execution of imprisonment with prison labor sentenced to the same crime; (b) while the defendant committed the crime of this case during the suspension period of the execution of imprisonment with prison labor; (c) the defendant was old; (d) the defendant was recognized as committing the crime of this case; (e) the defendant is in profoundly against his depth; (e) the victim's fault crossing the place of the accident of this case was caused by the accident of this case; (e) the victim's bereaved family member received the amount of KRW 240 million from the Financial Cooperative; and (e) the defendant deposited KRW 2 million for the victim's bereaved family member; and (e) other various circumstances, including the defendant's age, character and behavior, environment, family relationship

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited 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. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);