The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (a fine of three million won, a year of suspended execution) that maintains the grounds for appeal is too unhued and unreasonable.

2. In light of the fact that the accident place is the five-lane road from round to round, and the street lamps were not many around, and that at the time of the accident, the driver's view was not good due to the fact that the driver's view was not good at night, the victim was suffering from the examination color, and the victim was coming to the center of the road from the first lane next to the center line to the center direction, it is true that the victim's negligence in this case appears to be high.

In addition, even though the defendant was acquitted in the court below, it is also favorable to the defendant that all facts charged are recognized that he will be held liable for the reduction of the amount of the crime following the death of the victim, and that the defendant has made a statement that he would be able to wear the victim's name and expressed an attitude against him.

There was an agreement with the bereaved family members of the victim.

However, the Defendant driven five tons of truck, and was driving over speed exceeding 20 km at the time of the accident.

Considering the fact that the driving distance along the passenger car is long compared to the general car, and that the vehicle after operating the operation requires a longer time to stop, the defendant's driving at the speed exceeding 20 km does not seem to have any effect on the occurrence of the accident or the expansion of damage.

The result of the victim's death immediately at the site is also important.

In addition, in full view of the various sentencing factors in the arguments, such as the defendant's age, living environment, motive and background of the crime, circumstances after the crime, and criminal records, and the following sentencing guidelines, the sentence of the court below is deemed to be too uneasible and unfair.

The prosecutor's assertion of unfair sentencing is justified.

O Traffic Crime Sentencing [Determination of Punishment] The victim of Type 2 (Death, etc. of Traffic Accidents) shall also be punished if there is considerable negligence in the occurrence of traffic accidents or the expansion of damage.