The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year’s imprisonment without prison labor) is too unreasonable.

2. The Defendant’s failure to drive the Defendant, which was a socially-friendly victim of the death of the victim, seems to have caused a fatal result leading to the death of the victim, and the bereaved family members did not receive a letter from the bereaved family members, and when considering the fear and pain of the victim s/he s/ she s/ she s/ she s/ she was s/ she

However, the primary criminal defendant also has submitted objective data that caused mental suffering, such as stress disorder, etc., due to the instant case, which caused the absence of one’s wife (the bereaved family members do not have any mental suffering that they need to live together). The criminal act is committed seriously, and in light of the economic situation of the defendant's face, it seems that the defendant has made a serious effort to recover economic damage to bereaved family members in the same case similar to the instant case, and considering the sentencing distribution (referring to the sentencing guidelines, in the case of the sentencing guidelines, including the "an endeavor to recover damage" as a special mitigated person, the lower limit is four months of imprisonment and the upper limit is one year of imprisonment) and the sentencing conditions indicated in the records and arguments of the instant case, such as the sentencing distribution (in the case of the sentencing guidelines that include the "an endeavor to recover damage" as a special mitigated person, the lower limit is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled 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, 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 the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts.