The judgment of the court below is reversed.

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

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

1. The gist of the grounds for appeal lies in the purport that the Defendant, who takes charge of the punishment (including nine months of imprisonment without prison labor, two years of suspended execution, 40 hours of compliance driving and community service, and 120 hours of social service) imposed by the lower court, seeks inventory in a way that it is extremely difficult for the Defendant, who maintains his livelihood by driving a dump truck as much as 120 hours of community service order, to cope with it.

2. Based on the judgment, the Defendant seems to have been living relatively in good faith without any particular criminal record so far beyond 50 years old, and in particular, there was no past history of violating traffic regulations, and there was a serious conflict between the Defendant and his bereaved family members with respect to the instant crime.

In addition, the defendant has been driving a dump truck and has maintained his livelihood, paid 3 million won per month by paying dump truck installments, and it seems that there is no other property and there is no financial condition, and even in such circumstances, a considerable amount of agreement was paid to the bereaved family members of the victim.

In addition, considering the Defendant’s past and ordinary character and behavior, the imposition of community service order is not necessarily necessary for the rehabilitation and edification of the Defendant in light of the instant traffic accident situation, the attitude of violation of duty of care, the circumstances after the accident, and the Defendant’s attitude.

Therefore, the measures imposed by the court below to the community service order in addition to ordering the defendant to attend the 40-hour compliance driving lecture.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

[D.] The Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence.