The judgment of the court below is reversed.

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

However, 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 sentence imposed by the court below on the defendant is too unreasonable.

2. The instant traffic accident resulted in the death of the victim.

However, the defendant has reached an agreement with the bereaved family members of the victim during the trial.

In addition, the Defendant did not cause the instant traffic accident by negligence under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and at that time, at that time, the vehicle was covered by the comprehensive automobile insurance, and the Defendant took appropriate measures for dealing with the accident.

In full view of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., all the sentencing conditions shown in the arguments in the instant case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of recommending punishment from April to one year) / [the scope of recommending punishment] the mitigation area (under April to one year of the safe), the mitigation area (under one-one year of the death of traffic accidents), etc. (special mitigation), it is deemed that the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, 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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The grounds for appeal for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances in light of the determination of the grounds for appeal in the above grounds for appeal) are as shown in the same part.