The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

1. The defendant asserts that the summary of the grounds for appeal (e.g., both forms of imprisonment without prison labor) by the court below is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. In the judgment of the court below, the court below sentenced the defendant to two years of imprisonment without prison labor, considering the child's death accident, the illegality degree of the defendant's negligence, the agreement, and the family's severe punishment. However, according to the evidence such as the black and video CDs duly adopted and examined in the court below, the degree of violation of the victim's duty of care in the accident of this case seems to be significant. The defendant's vehicle is covered by the comprehensive motor vehicle insurance, the defendant's vehicle's age, character and behavior, environment, motive and means of the crime, and the circumstances after the crime are committed, etc., and considering all of the sentencing factors in the argument of this case such as the defendant's age, character and behavior, environment, motive and means of the crime.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is groundless.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is reversed and it is again decided as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, Article 268 of the Criminal Act;

1. The sentence shall be determined as per the order, taking into consideration all the circumstances surrounding the sentencing conditions prior to the reasons for the selective sentencing of the sentence;