The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case is likely to cause a traffic accident that causes the shock of the victim and resulting in the death of the victim; in light of the defendant's negligence and the degree of damage, the liability for the crime of this case is considerably heavy; the defendant has been punished several times due to the crime of this case; although it is recognized that the crime of this case was committed during the repeated crime period, the defendant reached an agreement with the victim's bereaved family members; the accident of this case is likely to partly affect the defendant's negligence that the defendant went back to the road adjacent to the crosswalk; the fact that all of the crime of this case is committed; the defendant is committed against the time and depth; the defendant's health is not good, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case; and when comprehensively considering various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the situation before and after the crime, it is unreasonable to punish the defendant by the court below.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;