The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant did not go to the front time, resulting in the death of the victim because he did not go to the front time, and caused the injury to the victim and his bereaved family members.

However, considering all sentencing factors indicated in the records of this case, such as the fact that the 30 million won of insurance proceeds from the driver insurance purchased by the defendant was paid to the bereaved family members of the victim, and the defendant agreed with the representative of the bereaved family members of the victim and the bereaved family members did not want the defendant to be punished, the court below's punishment is excessively unreasonable.

Therefore, the defendant's improper argument in sentencing is acceptable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted 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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;