The judgment of the court below is reversed.

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

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

1. In light of the purport of the grounds for appeal (unfair form of punishment) that the Defendant reflects the depth of the Defendant, and efforts to recover damage, etc., the sentence imposed by the lower court is too unreasonable.

2. The crime of this case is acknowledged that the defendant's negligence of neglecting the duty of the front-time driver's vehicle while driving CMW car, caused the victim's death by causing damage to the main body of the defendant's driving vehicle due to the victim's D (n, 75 years of age) who was going to the right side from the left side of the direction of the vehicle driving, and caused the victim's death due to severe damage to the main body of the evidence. The result of the death of the victim due to the traffic accident of this case is very heavy. The defendant has already been punished twice for the suspension of execution due to the traffic accident, and there is a need for the defendant to repeat the law and order repeatedly.

However, in full view of all the circumstances, including the defendant's age, character and behavior, environment, background of the crime of this case, circumstances before and after the crime, etc., the sentence imposed by the court below is too excessive and unfair, and the defendant's above assertion is reasonable, since it is recognized that the sentence imposed by the court below is too excessive and is too unreasonable. The defendant's argument is justified. The defendant's argument is justified. The defendant's ground for appeal is justified. The defendant's ground for appeal is with merit.

3. Accordingly, the defendant'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 the appeal is again made as follows.