The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor and two years of suspended execution) is too untile and unfair.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant was the primary offender; (c) the harming Vehicle was covered by a comprehensive insurance; and (d) the Defendant deposited KRW 20 million in the lower court for the bereaved family members; and (c) KRW 10 million in the first instance court for the victim’s deposit.

However, the defendant brought about the result that the victim who was merely 2 years of age due to the gross negligence of violating the duty of safe driving in the restaurant parking lot where the passage of ordinary people or children is frequent, resulting in the death of the victim. The result of the negligence and damage was very significant, the defendant did not agree with the victim's bereaved family members, and the victim's bereaved family members want to be punished for a severe punishment, and the victim's bereaved family members submitted a written consent for the recovery of the deposit amount of KRW 20 million.

In addition, considering the age, character, conduct and environment of the defendant, the circumstances and results of the crime of this case, and all the circumstances that form the conditions of sentencing as shown in the records and pleadings, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;