The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

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

2. The instant crime resulted in a serious consequence of the victim’s death.

However, the location of the instant case is one of the six-lanes in round. At the time, the victim was crossing the median line, the time of the occurrence of the accident was difficult at the point of the opposite side crossing the victim at around 00:0, and it seems not easy to find the victim immediately before the collision due to the fact that other vehicles are driving on the front side of the sea-going vehicle, etc. The sentencing of the lower court is too unreasonable in view of the following factors: (a) the Maritime Vehicle is admitted to the taxi Financial Cooperative; (b) the Defendant was agreed with his bereaved family members; and (c) the Defendant’s age, career, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (d) all the sentencing conditions in the instant case, including the circumstances after the crime, etc.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as the corresponding column of the judgment below, and thus, it shall be quoted as it is 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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine for punishment (the conditions favorable to the defendant in the previous case shall be considered);

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;