The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that of the lower court’s punishment (under eight months) is too unreasonable.

2. Although it is necessary to strictly punish the defendant in light of the fact that the defendant neglected his duty of care in driving and resulting in the death of the victim, on the other hand, the defendant recognized the crime of this case, and appears to have an opportunity to sufficiently reflect the defendant's life through confinement for about two months, in full view of the fact that the defendant has reached an agreement with the bereaved family members of the victim at the time of the trial, and other circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate, and thus, the defendant and his attorney's allegation of unfair sentencing is justified.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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 cited 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 (Consideration favorable circumstances in the front);