The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal each unreasonable sentencing

2. The occurrence of a serious consequence of the victim’s death due to a traffic accident due to Defendant’s breach of duty of care for safe driving.

In light of the victim's age, family relationship, etc., the mental suffering suffered by the victim's bereaved family members seems to be so big that it can not be hedging.

However, while the defendant led to the crime of this case, he is able to repent in depth of his mistake.

In the first instance, the defendant agreed with the bereaved family of the victim, and the bereaved family of the victim does not want the punishment of the defendant.

The defendant is an initial criminal who has no record of criminal punishment.

Vehicles operated by the defendant are covered by the comprehensive motor vehicle insurance.

In light of the above circumstances and the Defendant’s age, environment, character and conduct, etc., even considering the following circumstances, the lower court’s punishment is too unreasonable, even if the Prosecutor claims the grounds for sentencing disadvantageous to the lower court, including the fact that the victims of the young age due to the instant traffic accident had a serious consequence of losing the minor’s life.

3. 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.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal is accepted by the defendant and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed.”

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 (1) of the Criminal Act, and imprisonment without prison labor;

1. The sentence shall be determined as ordered in full view of the various circumstances examined in the judgment on the grounds of appeal prior to the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution and the sentencing factors of sentencing criteria.