The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten 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 (two years of suspended execution in October, and two hundred hours of community service order) declared by the court below is too unreasonable.

2. 판단 이 사건 범행은 피고인이 전방 및 좌우 주시의무를 소홀히 한 채 화물차를 운전한 과실로 피고인 운전의 화물차 진행방향 도로 우측 샛길에서 위 도로로 진입하는 피해자 F(이하 ‘피해자’라 한다) 운전의 자전거를 들이받아 피해자로 하여금 그 자리에서 흉복부 장기손상으로 사망에 이르게 한 것으로 사안이 가볍지 아니한 점 등은 피고인에게 불리한 정상이다.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant's negligence was partly contributed to the occurrence of the traffic accident in this case, the truck of the defendant's driver is admitted to the Korea Trucking Financial Cooperative throughout the country, the defendant's bereaved family is not subject to punishment for the defendant in consultation with the bereaved family of the victim in the police investigation, the defendant's support for the children attending his wife and middle school, and the fact that it is difficult for the defendant to implement the social service order recently re-employment, and the circumstances that are favorable to the defendant, the character, character and environment and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc., and the circumstances after the crime, etc., the sentence imposed by the court below

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

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 of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.