The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The instant crime is determined by the Defendant’s negligence of driving a traffic accident in violation of the signal, resulting in death of one of the victims and serious injury requiring eight weeks’ medical treatment. In particular, considering that the instant crime resulted in the victim’s death, the nature of the instant crime is not that of the crime.

However, in the trial of the defendant, all of the crimes of this case are recognized by the defendant, and since the vehicles of the defendant are covered by comprehensive insurance, it is possible to recover considerable damage.

It is clear that the defendant's negligence caused the accident, but the negligence of the deceased victim has also caused a considerable part of the accident, and thereby, the defendant and the defendant suffered serious injury.

In particular, the defendant paid 25 million won to the bereaved family members of the victim who died in the time of the trial, and the bereaved family members of the victim do not want the punishment of the defendant.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, and changes in the circumstances in the trial at the time of the crime, including these circumstances, etc., the lower court’s sentence sentenced to imprisonment without prison labor for a period of seven months is too unreasonable, and thus, it is deemed that the Defendant’s unfair argument for sentencing is acceptable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled as follows after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.