The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The defendant asserts that the punishment (two years of suspended execution in October and two years of community service order, two hundred hours of community service order) declared by the court below is too unreasonable, and the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

2. Examining the allegation of unfair sentencing by both parties to the determination, the instant crime is an unfavorable circumstance to the Defendant, inasmuch as the Defendant neglected his duty of care on the front side and the left side of the vehicle, resulting in the death of the victim D (hereinafter “victim”) who illegally crossed the road on the front side of the running direction of the Defendant vehicle by negligence, resulting in the death of the victim, and the relevant case is not negligible; the Defendant did not agree with the bereaved family of the victim up to the trial; the Defendant was unable to reach an agreement with the bereaved family up to the trial; and the Defendant had a history of having been sentenced once to imprisonment due to a

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant is led to the occurrence of the traffic accident in this case, the fact that the driver's negligence of the victim who illegally crossings without permission contributed to the occurrence of the traffic accident in this case, the fact that the vehicle of the defendant's driver is covered by a comprehensive motor vehicle insurance, the defendant's treatment with acute tuberculosis, etc., and the fact that the previous records of the defendant's previous records are 1984 and there is no same punishment power thereafter, the previous records of the defendant's previous records of the crime in this case, and other circumstances that are favorable to the defendant, such as other character and character and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc.,

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Although the appeal by the prosecutor is groundless, the appeal by the defendant shall be accepted.