The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable normal circumstances: (i) the degree of violation of the duty of care of the defendant is important in light of the circumstances of the instant accident; (ii) the occurrence of serious consequences leading to the death of the victim; and (iii) the bereaved family members have failed to reach an agreement with the bereaved family members; and (iv) the bereaved family members want to take severe punishment against the defendant; however, the defendant expressed the intention to request the bereaved family members to leave the defendant by agreement with the bereaved family members.

Therefore, the court below's above determination of sentencing can not be maintained, and the court below's above determination of sentencing can not be considered in favor of the bereaved family members, since there are changes in the circumstances that consider the defendant's disadvantage in terms of the agreement and the family members' severe punishment.

In full view of the fact that the defendant continues to reflect the defendant's mistake and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, it is recognized that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

【Discied Judgment】 The facts constituting a crime and the summary of evidence presented by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1...