The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. On the summary of the grounds for appeal by the defendant and the prosecutor, the defendant asserts that the defendant is too unaffortable and unfair, and the prosecutor asserts that the defendant is too unaffortable and unfair.

2. Despite the sentencing reasons that are disadvantageous to the defendant, although the victim's bereaved family members did not explicitly express their intention not to punish the defendant, considering the fact that the defendant's bereaved family members agreed with the victim's bereaved family members and paid 120 million won to the victim's bereaved family members with the criminal agreement amount when the defendant was in the first instance court, and the victim's bereaved family members confirmed that they would not raise any objection even if the defendant's prior action was taken by the defendant, there is a need to reduce the punishment that the court below sentenced against the defendant.

The decision is judged.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the Defendant’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is again decided as follows after pleading (inasmuch as the Defendant’s appeal is groundless, but the judgment of the court below is reversed by accepting the Defendant’s appeal, it shall not be dismissed separately from the disposition). The summary of the facts constituting an offense and evidence recognized by the court is identical to the description corresponding to each corresponding column of the judgment of the court below, and thus, it shall be cited pursuant

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;