The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (ten months of imprisonment without prison labor and two years of suspended execution, twenty hours of lecture attendance order for compliance driving, and forty hours of community service order) is too unreasonable.

2. The crime of this case by the court below is found to have caused the death by shocking the damaged person due to the negligence that the defendant violated the speed of restriction while driving a car, and did not see the right and the right while driving the car. In light of the substance of the crime, the circumstances unfavorable to the defendant, such as the fact that the liability for the crime is heavy, are recognized.

However, considering the fact that the defendant led to the confession of the crime of this case and reflects the defendant's mistake in depth, that the defendant wants the defendant's wife by mutual consent with his bereaved family members, that the defendant's vehicle is covered by a comprehensive motor vehicle insurance, that the defendant's vehicle is also covered by a comprehensive motor vehicle insurance, that the victim was at considerable negligence in the occurrence of the accident of this case, that there is no particular criminal history for the defendant, and that there is no other criminal history for the defendant, and all other circumstances, which form the condition for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;