The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (two years of suspended execution in August) is too unreasonable, which is the gist of the grounds for appeal (two years of suspended execution in credit cooperative).

2. The instant accident occurred due to the Defendant’s negligence, resulting in a serious result of the victim’s death.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) the primary offender; (c) the occurrence of the instant accident appears to have partially caused the fault of the victim; (d) driving vehicles are covered by a comprehensive insurance; and (e) the bereaved family members do not have to punish the Defendant; (c) the result of the instant criminal trial was likely to affect the Defendant’s occupation and status; (d) the Defendant’s age, sex, environment; (e) background leading up to the commission of the crime; and (e) circumstances leading up to the crime, such as the circumstances after the crime, etc., the lower court’s punishment 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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Relevant legal provisions for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Articles 268 and 30 of the Criminal Act (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;