The judgment of the court below is reversed.

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

except that the sentence shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s sentence (six months’ imprisonment without prison labor) is too unreasonable.

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

2. The Defendant committed the instant crime because he/she was unable to find a victim walking the crosswalk, and the occurrence of the result of the death of the victim due to the instant traffic accident is disadvantageous to the Defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the mistake in depth, that the defendant deposited KRW 30 million for the bereaved family members of the victim at the court below, that the bereaved family members do not want the punishment of the defendant by mutual consent with the bereaved family members of the victim, that there was no record of criminal punishment against the defendant, and that there was no record of criminal punishment against the defendant, the court below's punishment is too unreasonable since the defendant's argument is too unreasonable, and the prosecutor's assertion is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading (as long as the judgment of the court below is reversed for the above reasons, the prosecutor's appeal shall not be dismissed separately). The judgment of the court which re-written the facts constituting the crime and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, it is accepted pursuant to 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. Article 62(1) of the Criminal Act on the suspension of execution (the grounds for the above appeal shall be considered as favorable to the defendant in determining the reasons for the appeal.