The judgment of the court below is reversed.

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

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

Summary of Grounds for Appeal

The punishment of the court below (eight months without prison labor) is too unreasonable.

Judgment

The crime of this case is one of the cases where the victim who was in a normal way in violation of traffic signal while driving a knife vehicle by the defendant, led to the death of one of the victims. The crime of this case is an unfavorable sentencing factor, such as the degree of negligence by the defendant on the occurrence of traffic accident, the degree of damage, the nature of the crime is very heavy in light of the result of the damage, and the degree of injury by another victim who is alive is very serious, and it seems that considerable after the death

However, it is more favorable sentencing factors such as the fact that the defendant's family members and employees want to be punished by the defendant, the bereaved family members of the victim who died, the surviving victim, and the surviving victim, and the defendant want not to be punished by the defendant, the defendant has no record of crime other than the one-time drinking driving, there is no previous record of crime, the defendant's health is not good, and the defendant's family members and employees want to take a preference against the defendant.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable as it is inappropriate. Thus, the Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, Article 268 of the same Act.