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. The main point of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is deemed to be too untile and unfair.

2. The instant accident is determined based on the following circumstances: (a) the Defendant, who had left the left-hand turn at the new wall time, was unable to find out the victim who was used on the floor near the intersection of a narrow side road; and (b) the Defendant could not easily find the victim who was used on the floor in light of the location of the victim, road conditions, etc.; and (c) the instant accident vehicle is covered by a comprehensive insurance policy.

However, considering the fact that the instant accident resulted in a serious result leading to the death of the victim, the fact that there was no agreement with the bereaved family of the victim, and that there was no measures such as deposit for the bereaved family, etc. for the bereaved family, the Defendant’s age, sex, environment, circumstances and result of the instant crime, etc., and all of the sentencing conditions indicated in the records and theories on changes, such as the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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