The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

In full view of the fact that the bereaved family members of the victim want to have a preference against the defendant in the trial of the party, the defendant deposited KRW 20 million in the court below for the bereaved family members, paid additional KRW 30 million in the trial of the party and agreed with the bereaved family members, and the victim's negligence on the occurrence of the accident of this case and the expansion of damage, etc., it is recognized that the punishment of the court below is unfair.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the defendant's appeal is reasonable, and the prosecutor's appeal is without merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again

Criminal facts

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

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the selection of limited imprisonment for a definite term;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, while driving a vehicle, failed to take measures, such as shocking pedestrians, causing the death of the victim and providing relief to the victim. In light of the unfavorable circumstances such as the result of the act, the result of the act is serious and the nature of the crime is not weak, the bereaved family members of the victim want to take a preference against the defendant in the trial, and the defendant deposited KRW 20 million in the court below for the bereaved family members of the victim, and additionally deposited KRW 30 million in the trial.