The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten months and a fine of two hundred thousand won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (two years of imprisonment without prison labor and two hundred thousand won of fine) of the lower court is too unreasonable.

2. In light of the fact that the Defendant: (a) was remarkably in excess of the load weight of the cargo vehicle; (b) was unaware of the cargo vehicle until he was investigated into the cargo vehicle; (c) was notified by the Transport Training Institute that he would receive safety education at the Transport Training Institute even without having been engaged in driving of the cargo vehicle; (d) was driving the cargo vehicle without undergoing any education for four months; and (e) a third party’s death or injury was caused by the instant accident and a third party’s injury, etc., the Defendant’s crime is very heavy.

However, the court below found the following facts based on the evidence duly adopted and examined at the court below, i.e., ① prepared a report to the effect that the police did not load the Defendant’s vehicle on August 16, 2014, but again, on September 22, 2014, considering the Defendant’s change of loading weight through the change of the Defendant’s cargo vehicle structure, it is deemed that the Defendant was in an excessive crime under the Road Traffic Act. It seems that the content and application of the laws and regulations as to comparative loading is somewhat unclear, and it seems not easy for the Defendant to know whether it is excessive, ② the Defendant transported H more than 5 and 6 times prior to the instant investigation, using the same cargo vehicle from G Jeju factory to Kimpo, and the employees of the above factory loaded H on the same day as the Defendant’s vehicle structure and performance on September 22, 2014, it is reasonable to consider the degree of personal criticism as to the Defendant’s act of loading cargo by means of such an individual weight and performance.