The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the overall circumstances at the time of the instant accident, the lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant breached his duty of care, even though there was no possibility of predictability and avoidance of the accident, by misapprehending the legal doctrine on the principle of trust.

B. Even if the facts charged in the instant case of unfair sentencing are found guilty, the lower court’s sentencing (six months of imprisonment without prison labor and two years of suspended execution) is excessively unreasonable.

2. The Defendant asserted to the same effect as above in the lower court’s judgment, and the lower court rejected the above assertion on the grounds of detailed grounds in the summary of the evidence of the judgment.

Examining the records closely and closely, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is not accepted.

3. The Defendant’s breach of the Defendant’s duty of care in determining unreasonable sentencing resulted in a serious consequence that the victim’s death could not be complied with.

However, the Defendant did not want to punish the victim by mutual consent with his bereaved family members, and at night when the instant accident occurred, the Defendant seems to have been negligent by the victim without permission, without considering whether the vehicle was coming from the central separation zone formed by the flowers, and without considering whether the vehicle came from the road.

Although the defendant is disputing the legal part, he has shown an attitude to seriously reflect on the investigation agency, and has prepared a social life as a youth of 23 years of age who has no criminal history.

In light of these circumstances and other conditions of sentencing as shown in the arguments, the sentencing of the court below which selected imprisonment without prison labor is considered to be unfair because it is too unreasonable.

4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is reasonable.