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 two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. The Defendant’s negligence caused a heavy consequence that the victim’s death.

The instant traffic accident may not be deemed to be less than the negligence of the Defendant, as it occurred around the crosswalk where on-and-off signal, etc. is installed.

On the other hand, the Defendant recognized the instant crime and reflected his mistake.

Under the condition that the bereaved family members of the victim transfer the driver insurance benefit (30 million won) to which the defendant has joined in the trial, the defendant does not want the punishment of the defendant by mutual consent with the bereaved family members of the victim.

There is no criminal record against the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, including the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;