The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the imprisonment without prison labor for eight months) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. In full view of various circumstances that are conditions for sentencing and sentencing specified in the pleadings of this case, including the fact that the crime of this case was committed before the judgment was neglected, that the victim died due to the crime of this case, that the defendant did not receive a letter from his bereaved family members, etc., but the defendant shows an attitude to recognize and reflect the crime of this case, that the defendant deposited KRW 7 million for the victim's bereaved family members, that the vehicle is covered by a comprehensive insurance, that the victim's negligence without permission crossing the 4th line road of this case caused the occurrence of the accident of this case, and that the defendant's punishment imposed by the court below is too excessive and unfair. Thus, the defendant's argument of sentencing is justified and the prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision shall be rendered again as follows (inasmuch as the appeal by the prosecutor is groundless, but the appeal by the defendant is accepted by the defendant and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in separate order). [Judgment used again] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in the corresponding column of the judgment of the court below, and thus, it shall

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 on the suspension of execution (the above favorable circumstances);

1. The community service order under Article 62-2 of the Criminal Act;