The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (a fine of 6 million won) is too unreasonable.

2. The instant accident is a situation unfavorable to the Defendant, where the Defendant, who drives a cargo vehicle, led the victim’s head head who walked at the edge of a road without the side due to a mistake that the Defendant failed to fulfill his/her duty of care in the course of performing his/her duties, and eventually led to the death of the victim.

However, in full view of the following: (a) the Defendant’s mistake is divided in depth and reflects the Defendant’s mistake; (b) the Defendant was a primary offender who has no record of criminal punishment; (c) the Defendant agreed with the victim’s bereaved family members; and (d) the bereaved family members wanted to agree with the Defendant; and (c) the instant vehicle was covered by a comprehensive insurance; and (d) other factors for sentencing, such as the Defendant’s age, the background of the instant crime; (d) the relationship between the Deceased and the Defendant; and (e) the conditions before and after the crime

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;