The judgment of the court below is reversed.

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

1. On the summary of the reasons for appeal, the defendant asserts that the court below's punishment (two years of suspended execution in September of imprisonment without prison labor, one hundred and sixty hours of social service) is too unreasonable, and the prosecutor is too unhued and unfair.

2. We examine both the defendant and prosecutor’s argument of unfair sentencing.

The defendant is against the charge, and there are favorable circumstances such as the first offender.

However, the defendant caused a traffic accident by negligence and caused the death of the victim. The results of the crime of this case are very serious.

Although the bereaved family members want to be punished by the severe punishment of the defendant because they were unable to receive a letter from the bereaved family members, there is no circumstance that the agreement as well as the deposit has been made.

The Defendant, while driving a vehicle owned by another person at the time, caused the instant accident. Therefore, the Defendant cannot be subject to compensation for motor vehicle comprehensive insurance exceeding the liability insurance limit from the insurance company that purchased the instant motor vehicle.

Considering the fact that the victim's negligence was partly caused to the occurrence of the instant accident, the Defendant's negligence is not a few in light of the fact that the victim was at night and at the time, and that there was a duty to drive the vehicle by accelerating the vehicle in accordance with such circumstances.

In full view of the aforementioned various circumstances and other circumstances, including the Defendant’s age, environment, sex, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is deemed unreasonable.

The sentence of a short term sentence imposed on the defendant is inevitable.

3. In conclusion, the prosecutor'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 the defendant's appeal is again decided as follows after pleading ( there is no ground for appeal by the defendant, but the defendant's appeal shall not be dismissed separately as long as the judgment of the court below is accepted by the prosecutor