The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal: The lower court’s sentence (eight months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. The circumstances, such as the fact that the occurrence of the instant accident, which led to a serious result that the victim’s death, led to a significant degree of criticism, are disadvantageous to the Defendant.

However, the circumstances such as the fact that the Defendant recognized his mistake and reflects the depth of the Defendant, the primary offender who is the Defendant, the fact that the Defendant was a victim of liability insurance, the fact that the Defendant subscribed to the liability insurance, the fact that the Defendant did not want the Defendant’s punishment by mutual consent with the bereaved family members after the first instance court was sentenced, and the victim was negligent in the occurrence of the instant traffic accident.

In full view of the Defendant’s favorable circumstances and other Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and various sentencing conditions expressed in the process of the trial and the record of the instant case, such as the circumstances after the commission of the crime, the sentence of the lower court is deemed to be too unreasonable.

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

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of the judgment on the grounds of appeal for the sentencing of Article 334(1) of the Criminal Procedure Act, the sentence is ordered as ordered by comprehensively taking into account various factors of sentencing as seen above.