The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor, two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) that the court below rendered is too unreasonable.

2. The crime of this case, while the defendant is driving a vehicle, caused a traffic accident that causes the victim who was on board a bicycle by negligence in the course of his duty, and the victim was injured by the accident of this case and the nature of the crime is heavy.

However, the Defendant did not have any past record of criminal punishment in addition to the punishment twice of fines, and did not repeat the crime of this case in depth.

As the vehicles of the defendant are covered by comprehensive insurance, insurance money of about 38 million won was paid to the victim, and it is recognized that the defendant paid 20 million won to the bereaved family members of the victim and the bereaved family members of the victim agreed smoothly with the victim.

In the occurrence of the instant traffic accident, it seems that the victim's bicycle has contributed significantly to the negligence of the victim's own entry from the two lanes to the one lane, and it is considered in the circumstances leading to the crime.

In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.

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 reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;