The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

The sentence (10 months without prison labor) of the lower court is too unreasonable.

Judgment

The crime of this case is a case that caused the death of a victim who is normally crossinging at a crosswalk due to negligence by a defendant who violated the duty of a front-time driver while driving a car. The crime of this case is an element of sentencing unfavorable to the defendant, such as the degree of negligence of the defendant on the occurrence of a traffic accident, the nature of the crime in light of the result of damage, and the fact that the bereaved family members of the victim want to be

However, it is a favorable sentencing factor, such as the fact that the defendant recognized the crime of this case, the fact that the car driven by the defendant was covered by a comprehensive automobile insurance, the defendant deposited the proceeds that he disposed of the above car for the victim's heir, the fact that the defendant additionally deposited 2 million won in the appellate court, the defendant suffered from urology and the merger thereof, and the fact that there is no record of crime other than punishment once as a minor fine on March 2, 199, and the defendant wanted to take the preference against the defendant.

In addition, comprehensively taking account of the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as well as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (general traffic accident type 2 (the basic area of traffic accident type: imprisonment from August to June 1): etc., the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applied.