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. Summary of grounds for appeal;

A. The sentence (10 months without prison labor) imposed on the Defendant by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of both parties on the unfair argument of sentencing causes the death of the victim, who is the Track driver by neglecting the Tracker who was proceeding before the Tracker while neglecting the Tracker on the road. As such, the degree of negligence cannot be easily punished due to the degree of negligence, and the defendant has a record of being subject to criminal punishment as a fine due to the violation of the Road Traffic Act and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence, and circumstances after the crime, the sentence of the court below is too unreasonable because it is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to 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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

3. The community service order under Article 62-2 of the Criminal Act;