The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The fact that the judged defendant has no record of criminal punishment and has made efforts to recover damage, such as paying 30 million won to the victim's family members, is favorable to the defendant.

However, the instant accident occurred while the Defendant was in progress beyond the restricted speed even though the Defendant was unable to secure view at night, and thus, the Defendant’s occupational negligence is not weak, and the victim was placed in an obscure state due to brain damage. In light of the degree of the injury, the case is very serious, and even if his family members are not punished by the Defendant, it cannot be deemed as identical to the victim’s intent to be subject to punishment.

In addition, when considering the conditions of various sentencing shown in the pleadings, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below is deemed unfair because it is too unfeasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in relation to Criminal facts, Article 268 of the Criminal Act, Article 70(1) and Article 69(2) of the Criminal Procedure Act, which examined the grounds for appeal of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, in full view of various circumstances examined in the determination of the grounds for appeal of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the order shall be determined