The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of suspended execution in one year and six months of imprisonment without prison labor) is too unfortunate and unfair.

Judgment

Considering the fault of the victim who crossed the 10th line road from which the crosswalk was not installed on the new wall, it is difficult to hold the defendant responsible for the occurrence of the instant accident entirely; it appears that it was difficult to predict that the victim might easily cross the road beyond the center line on the opposite side of the 10th line road at the time of the instant case; to a certain degree of monetary compensation through the mutual aid association to which the Defendant was admitted; and considering the fact that the Defendant deposited KRW 7 million for the victim’s bereaved family members, it seems to be harsh to sentence the Defendant.

However, considering the following facts: (a) the victim died due to the instant accident; (b) the victim’s bereaved family member was injured; (c) the victim’s bereaved family member was unable to get used by the victim’s bereaved family member; (d) the victim’s bereaved family member wanted to repeat the Defendant’s severe punishment; and (e) the Defendant was sentenced to imprisonment with prison labor for four months due to driving without a license, etc., the punishment determined by the lower

The prosecutor's argument is with merit.

As the appeal by the prosecutor 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 is ruled again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;