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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.
Reasons
1. The summary of the grounds for appeal (two years of suspended execution in six months of imprisonment without prison labor) declared by the court below is too unhutiled and unfair.
2. The following are the circumstances favorable to the Defendant: (a) the Defendant confessions the Defendant; (b) the Defendant’s driver’s car is covered by a motor vehicle comprehensive insurance; (c) the Defendant deposited KRW 20 million for the victim; (d) the occurrence of the instant accident is determined to have some negligence of the victim; and (e) the Defendant does not have criminal power except for the offense of violating the Military Service Act once sentenced to a fine in 192; and (d) the Defendant is in a position to support his wife and minor children.
However, the crime of this case is limited to the case that caused the death of the victim D (hereinafter referred to as the "victim") by negligence of driving a motor vehicle while neglecting the duty of front-time care in the state where the defendant does not have any obstacle in the night, and caused the death of the victim due to the shock. The defendant's efforts to punish the defendant's severe punishment even until now since the bereaved family did not agree with the bereaved family members, it is difficult to see that the defendant is genuinely against the defendant's causing the accident of this case, and it is difficult to see that the defendant is genuinely against the defendant's occurrence of the accident of this case, and in full view of all the circumstances such as the character, character and environment and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and the sentencing conditions specified in the records and arguments, the prosecutor's above assertion made by the court below is deemed to be inappropriate because the defendant is somewhat inappropriate
3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The facts constituting an offense and the summary of evidence recognized by this court shall be as follows.