The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (10 months without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant, while driving a car, caused a serious traffic accident that the victim died while being accompanied by a retaining wall due to a failure to drive, etc.

Defendant has been punished for a fine due to drinking driving, etc. in the past.

However, the Defendant recognized his mistake and reflects, and at the request of the victim who is a disabled person, the instant traffic accident occurred on the road on which the victim was born to the market by burning the victim on his own vehicle, and there are some circumstances to consider the driving of the Defendant and the situation of the victim’s wintering, and there is a risk of recidivism any longer by scrapping a vehicle driven by the Defendant and returning his driver’s license.

In light of the following: (a) the fact that the victim’s bereaved family members were paid considerable amount of insurance money, (b) the victim’s bereaved family members were paid consolation money in addition to the above insurance money, (c) the fact that the victim’s bereaved family members were paid a considerable amount of consolation money in addition to the above insurance money, and (d) the scope of the recommended punishment in the sentencing guidelines of the Supreme Court Sentencing Committee (the imprisonment without prison labor for August to 2), and other various circumstances that are conditions for sentencing, such as the motive and background of the crime, the circumstances after the crime, the defendant’s age, character and conduct after the crime,

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 ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;