The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (one year and six months) of the lower court’s punishment is too unreasonable.

2. Circumstances are favorable to the Defendant, such as the fact that there exists punishment power for traffic-related crimes, the fact that the Defendant caused the death of the victim due to the instant crime, etc., but on the other hand, it appears that the Defendant committed a crime by recognizing the Defendant’s mistake when he was in the first instance, and that there appears to be negligence to a certain extent in the occurrence of traffic accidents or the expansion of damage, the vehicle of the Defendant’s driver is covered by comprehensive motor vehicle insurance, there is family members to support, etc., and that the Defendant’s social relationship is clear, such as the fact that there was a family member to support

In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, occupation, family relation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The sentencing of Article 62 (1) of the Criminal Act shall be determined as ordered in consideration of the various circumstances described in Article 62 (2) of the Criminal Act;