The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant caused a traffic accident by negligence that led to the frighting central line while driving a vehicle without a license, and the 5 persons aboard the damaged vehicle died, and suffered injury, such as the blood fright of the structures in two parts, brain, brain, etc., and the damaged vehicle was damaged by the 10,342,157 cost of repair so that the damaged vehicle may be damaged.

However, the Defendant had no record of criminal punishment after entering Korea around November 2008 with Indonesia nationality, and the Defendant suffered bodily injury, such as the 13th passage observation due to the instant traffic accident.

The defendant agreed with the victim I, J, and the victim F, the victims who died in the trial, the victims who board the damaged vehicle, and the owner of the damaged vehicle.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), Article 3 (2) (proviso) 2 and 7 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;