The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. It is recognized that the judgment of the defendant shows the attitude against the defendant to recognize the crime of this case, and that the victim without permission was at considerable negligence in the occurrence of the accident of this case, the vehicle involved in this case is affiliated with the mutual aid association, and the victim's bereaved family members want to find the defendant's wife by mutual consent with the victim's bereaved family members.

However, in light of the fact that the Defendant’s negligence of neglecting the front-time watch while driving caused a serious result that the victim cannot be able to die, the place, time, and the Defendant’s driving career, etc., the lower court’s punishment, which sentenced the Defendant to a fine of KRW 3 million, is unreasonable as it is too unreasonable in light of the following: (a) the location of the accident is a place where the pedestrian could not be anticipated to cross without permission; or (b) it is difficult to easily find pedestrians who walk without permission; and (c) other factors of sentencing specified in the records and arguments, such as the Defendant’s age, character and behavior, environment, the circumstances leading to the instant crime, and circumstances after the crime, etc.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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