The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the sentence of the court below (10 months) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant's negligence is severe in the occurrence of the accident of this case.

The accident of this case resulted in a very serious result of the victim's death.

On the other hand, the following conditions are favorable.

The defendant is in depth divided into his mistake.

In the trial, the defendant agreed with the bereaved family of the victim.

There is no criminal record against the defendant.

The defendant supports the th grade 3 children of the brain disease.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

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 with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;