The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized his mistake and reflects in depth; (b) the Defendant has no criminal history beyond the fine; (c) the bereaved family members of the victims do not want the punishment of the Defendant by mutual consent with the Defendant; and (d) the vehicle of the Defendant was covered by a comprehensive motor vehicle insurance policy.

Meanwhile, the instant crime resulted in the death of two victims, who were engaged in the restoration of vehicles on the road by negligence while driving a stroke, due to negligence while neglecting the duty of a front-way driver, etc., which led to the death of two victims. The degree of the Defendant’s negligence in the instant accident is heavy, the damage result is very significant, and the Defendant committed the instant crime during the period of suspended execution, although the instant crime was committed on the part of the Defendant.

When comprehensively considering the above circumstances as well as the overall sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of this case, the sentence imposed by the court below against the defendant is deemed unfair as it is unhutiled.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor'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 it is again decided after pleading as follows.

[Re-written 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 below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are examined in Article 62-2 above.