The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (two years of suspended execution in August) on the summary of the reasons for appeal is too unreasonable.

2. The level of criticism is high in that the Defendant caused a traffic accident while driving a motor vehicle under the influence of the driver and that it causes a serious result that is the death of the victim.

However, in full view of the following circumstances: (a) the defendant's mistake is recognized by the victim's bereaved family members, and the victim's mistake is against the victim's punishment; (b) the victim's life is not covered by the defendant's punishment; (c) the vehicle is covered by the comprehensive motor vehicle insurance; (d) the defendant's primary offender is the victim; and (e) the victim is also liable for the occurrence of the traffic accident even if he/she was seated on the road where pedestrian access is restricted at night; and (e) other various circumstances that are conditions for sentencing specified in the instant case, such as the defendant's age,

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it 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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;