The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

1. In light of the substance of the grounds of appeal in this case, the sentence (two years of suspended execution in August, and two hours of community service order) sentenced by the court below against the defendant is too unhued and unreasonable.

2. The judgment of the court below is divided in depth of the defendant's mistake, the vehicle driven by the defendant is covered by a comprehensive insurance and deposited KRW 30 million for the victim's bereaved family at the court below, and the defendant's negligence is also favorable to the defendant. On the other hand, the crime of this case is found to be pedestrian or not, as the defendant did not neglect his duty to accurately operate the operation of the vehicle's steering gear and brakes, etc. and did not cause the death in light of the shape of the crime and degree of damage. The mental suffering of the victim is very serious, and the victim's bereaved family members did not reach the agreement between the victim and the bereaved family members until the trial. The defendant's violation of the Road Traffic Act was committed 6 months before and after the suspension of execution, and the defendant's 3 years before and after the suspension of execution, and the circumstances and circumstances of the crime of this case were determined by the court below as follows.

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

Criminal facts

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