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 lower court’s sentence (8 months) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Determination of the grounds for appeal of this case as to the crime of this case led to a serious result of the death of the victim, and the fault of the victim is not somewhat weak.

However, the lower court’s punishment is unreasonable as it did not err in light of the following circumstances: (a) the Defendant violated the instant crime; (b) agreed with the bereaved family members; and (c) there was no other history of punishment heavier than the fine; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) the overall sentencing conditions specified in the records and arguments, such as the circumstances after the crime.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The sentence shall be determined as ordered in light of the conditions of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act.