The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below (10 months without prison labor) on the defendant is too unreasonable.

2. In the instant traffic accident, the victim’s death was caused by a serious consequence. Accordingly, even though the victim’s bereaved family members suffered from irrecoverable mental distress, there was no agreement with the victim’s bereaved family members until the victim was in the trial. Thus, the Defendant should be punished strictly.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the sentence of the court below is too unfair, and it is recognized that the sentence of the court below is too unreasonable, taking into account all the sentencing conditions, such as the defendant's age, sex, environment, means and consequence, etc., and all of the sentencing conditions, such as the defendant's age, etc., the defendant did not have the same criminal record, the victim's negligence appears to be considerable in the occurrence of the traffic accident in this case, the defendant sent the victim to the hospital immediately after the accident, and the vehicle driven by the defendant was subscribed to the comprehensive mutual aid association of the Korean Lendas Medical Cooperative,

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 is identical to each corresponding column of the judgment 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. The sentence shall be determined as ordered in full view of the various circumstances as seen earlier prior to the reason for sentencing under Article 62(1) of the Criminal Act ( considered as above).