The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The main points of the grounds for appeal (e.g., punishment by the court below) are too unreasonable.

Although there is no fault of the victim in the occurrence of the instant traffic accident on the allegation of unfair sentencing, there was a significant result of the victim's death.

However, there is no way to impose any criminal punishment except that the defendant is punished twice by a fine.

The defendant seems to repent in depth of his mistake, and the victim's bereaved family members have been compensated for considerable damage, and all of the bereaved family members have agreed in the trial after the victim's compensation.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (including the scope of recommendation and recommendation), and April through one year;