The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the court below (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. The crime of this case is a matter of negligence that led to the death of a victim while neglecting the duty of prior care by the defendant, and thus, the defendant's responsibility is not weak.

B. Meanwhile, there are extenuating circumstances, such as the Defendant’s primary offender who has no criminal power, the Defendant’s driver’s vehicle subscribed to a comprehensive motor vehicle insurance, and the victim’s bereaved family members were paid insurance money, and the Defendant agreed to pay the victim’s bereaved family members KRW 10 million separately, and the Defendant’s negligence of the victim who illegally crossed the red signal was also the cause of the accident.

In addition, considering all sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

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.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited 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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;