The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (one year of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. The crime of this case, which caused the death of the victim by the negligence of the defendant, is not that of the defendant who caused the death of the victim.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant recognizes and reflects the crime of this case, the vehicle of the defendant is covered by a comprehensive insurance, and thereby, approximately KRW 180 million was paid to the victim's bereaved family members. The victim's excessive agreement was reached by the victim's bereaved family members, and the bereaved family members want to find out the defendant's prior punishment; the defendant was the first offender who had no record of punishment; if the sentence of the court below is finalized, there is a concern that the defendant's livelihood might occur due to suspended execution and community service order, etc., and the defendant's age and age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, etc., the sentence imposed by the court below is too unfair. Thus, the above argument of the defendant's above person is justified.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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 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;