The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the sentence of the court below (10 months) is too unreasonable.

2. In light of the fact that the traffic accident in this case led to a significant result of the victim's loss of life, the above circumstances constitute a new change of circumstances that should be considered favorable to the defendant in determining the sentencing of the defendant at the trial court, unlike the original instance, in order to determine the sentencing of the defendant.

In this context, the defendant shows an attitude of reflecting the depth of the crime of this case, and the occurrence of the traffic accident of this case seems to have contributed to a certain portion of the fault of the victim without permission on the road. In addition, considering the defendant's age, character and behavior, family environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, etc., the punishment 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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 Alternative Traffic Accidents, Article 268 (1) of the Criminal Act, and the selection of imprisonment without prison labor;

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