The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence of the lower court (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. The crime of this case is recognized as having caused the death of the victim by driving a freight vehicle while driving the freight vehicle, although the defendant had a pedestrian signal, etc., and the liability for the crime is grave.

However, the fact that the defendant recognized the crime of this case, the defendant's cargo vehicle first entered the crosswalk, and it seems that the elderly victim started to build the crosswalk, and in light of shock level, etc., the victim's mistake appears to have caused this case. The victim's insurance money was paid to the bereaved family members through L-Deduction Insurance admitted by the defendant, and the defendant separately paid 30 million won to the bereaved family members, and the defendant did not want the defendant's punishment, there was no record of punishment in Korea, the defendant's entry into the Republic of Korea and support the mother's child, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., are inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, 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 with merit.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court are identical to each corresponding part of the judgment of the court below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

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, Article 268 of the Criminal Act, and selection of fines;