The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds of appeal is that the victim was crossinged without permission and the defendant was an easible traffic accident due to difficulties in securing sight.

The Defendant reported to the police and made most efforts to deal with the accident, such as allowing the victims to receive emergency messages, and agreed with the bereaved family members of the victim.

In consideration of the fact that the defendant is the first offender and is sending time and reflects on his mental difficulty, it is possible to impose a fine on the defendant.

2. The judgment of the Defendant brought about the death of the victimized person by the negligence of changing the lane without due care, even though the driver of the vehicle driven by himself/herself discovered the injured person and reduced the speed of the vehicle.

Although the result of the instant crime is extremely serious, in the event of the instant accident, the fault of the victim, who was unauthorized, shall be deemed to be reasonable.

The defendant did not have any specific criminal history and agreed with the bereaved family members of the victim.

In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, and thus, the argument of sentencing is reasonable.

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.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each 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. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts.