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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Reasons
1. The sentence imposed by the lower court (eight months) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is found to result in the death of the victim by being equipped with a motor device bicycle driven by the victim F, due to negligence in failing to reduce the speed and neglecting the safety sign, while passing through the intersection at a speed of 65 km at a speed different from the road of 65 km by the defendant driving of a motor vehicle. The traffic accident of this case occurred at 10:25 am a.m., the victim's bicycle is deemed not to enter the above intersection at a speed of the rapid speed, and even if it is difficult to find a vehicle that enters the intersection at a speed of 65 km, it seems that the defendant neglected to perform his duty of care to the extent that it is relatively unfavorable for the defendant, considering that the traffic accident of this case occurred at a speed of 10:25 am a.m., the bicycle of the victim's driving engine is likely to not enter the above intersection.
However, in full view of the fact that the defendant has no record of being punished in Korea until now, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the defendant recognized the crime of this case for the time when the defendant was in depth, and appears to be against his mistake, and the defendant deposited KRW 10 million for the bereaved family of the victim in the trial of the party, and all the sentencing conditions in the arguments of this case, such as the defendant's age, sexual behavior, environment, family relation, etc., the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Judgment which is used again] criminal facts.