The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

The summary of the grounds for appeal (unfair form of punishment) of the original judgment (6 months of imprisonment without prison labor and 2 years of suspended execution) is too unreasonable.

Judgment

The instant traffic accident is serious in light of the following: (a) the Defendant’s driving of a motor vehicle at a considerable speed did not properly take the front door of the vehicle, and thus, (b) the victim was on board a bicycle while moving to the edge of the road as much as possible; (c) the degree of breach of duty of care is serious; and (d) the victim’s death is considerably heavy in light of the fact that the victim died.

On the other hand, it is reasonable to take into account the following circumstances: (a) the Defendant recognized his mistake in the instant traffic accident; (b) the Defendant’s negligence of operating the bicycle in the reverse direction seems to have contributed to a certain degree of the occurrence of the instant traffic accident; (c) the Defendant’s bereaved family members want to agree with the victim’s bereaved family members, and (d) the primary offender who has no criminal power at all.

In this context, the scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Commission of the Supreme Court is from April to October of the Treasury, the traffic crime group, the general traffic accident crime group (traffic accident death, etc.), the special person (influence), the recommended area, the scope of the recommended sentence (influence), the defendant has been operating the child-care center in good faith, and the defendant has been operating the child-care center in the past. In addition, in full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances of the crime of this case, and the conditions before and after the crime of this case, it is recognized that the sentence of the court below, which determined the period of the suspended sentence for the defendant for the last six months, is somewhat unreasonable.

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