The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.

2. In light of the fact that the crime of this case occurred with very serious result, the bereaved family members of the victim are expected to suffer a big mental pain, and the defendant was unable to agree with the bereaved family members of the victim up to the trial, and the bereaved family members of the victim wanted to suffer a serious punishment up to the trial. However, it is necessary to strictly punish the defendant. On the other hand, the defendant recognized his mistake and reflects his depth, and there is no history of punishment for the same crime before the crime of this case, the vehicle is covered by the automobile comprehensive insurance, and the vehicle is deposited by the court below for the victim's bereaved family members, and the defendant's age, character and conduct, intelligence, environment, circumstances after the crime, family relationship, etc. as shown in the argument of this case, the defendant's assertion that the defendant's punishment is unreasonable.

3. In conclusion, 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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

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