The judgment of the court below is reversed.

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

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

1. The sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant had no criminal power to impose any criminal punishment; (b) the Defendant’s primary offense is against the Defendant; (c) the injury caused by the instant accident appears to have been committed; (d) the victim’s negligence appears to have been competed in the occurrence of the accident; (b) the lower court deposited KRW 10 million against the victim’s bereaved family members; and (c) the victim’s bereaved family members deposited KRW 25 million, including the above deposit, with the agreement to pay the victim’s bereaved family members; and (d) the bereaved family members are not subject to the Defendant’s punishment; and (e) other circumstances that are conditions for the argument and the sentencing specified in the record of the instant case, such as the Defendant’s age, character

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 suspended execution ( normal consideration in favor of the defendant in the front);