The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal is too heavy or unreasonable for the sentence (six months in a safe) that the court below rendered against the defendant.

2. The following are the circumstances unfavorable to the Defendant: (a) the instant accident occurred due to the negligence of the Defendant entering the intersection in excess of the speed limit without properly emphasizing the front door; (b) the consequences of the instant accident, such as the death of the victim, etc. due to the instant accident; and (c) the fact that the victim’s bereaved family does not agree with the victim.

On the other hand, it is favorable to the defendant, such as the fact that the defendant has recognized all of his own crimes and is against the very serious attitude, that the defendant subscribed to a motor vehicle comprehensive insurance and paid KRW 218,00,000 to the bereaved family members of the victim, that the defendant deposits a total of KRW 10 million in the court below for the victim's bereaved family members, and makes efforts to reach an agreement by additionally depositing KRW 15 million in the court below for the victim's bereaved family members, and that the defendant is the first offender who has no criminal history.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

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.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;