The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the imprisonment without prison labor sentenced by the court below to the defendant is too unreasonable.

2. The crime of this case is established in view of the degree of damage, etc., which resulted in the death of the victim by the collision of the victim D driving that was proceeding in the opposite direction of the defendant's running direction by negligence beyond the central separation zone while driving a motor vehicle.

However, the Defendant’s act of committing the instant crime appears to have been detained for more than two months, and it appears that the Defendant’s driver’s automobile was boomed on the bend road and proceeded beyond the central separation zone, and there are circumstances to consider the circumstances of the accident. The insurance company to which the Defendant was a party paid consolation money, etc. to the victim’s bereaved family members, and the said bereaved family members did not want the Defendant’s punishment by mutual consent with the victim’s bereaved family members during the trial, and the said bereaved family members did not have any history of criminal punishment prior to the trial, and other various circumstances, including the Defendant’s age, environment, family relationship, occupation, and the background of the instant crime, etc., the sentence of the lower court is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.