The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below (10 months without prison labor) on the summary of the grounds for appeal is too unreasonable.

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 first offender, and (c) the victim’s bereaved family members agreed with the victim’s bereaved family members during the trial; (b) the said bereaved family members were not subject to punishment; (c) the driving vehicle was covered by a comprehensive motor vehicle insurance; and (d) the Defendant’s age, sex, environment, circumstances leading to the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);