The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) declared by the court below is too unreasonable.

2. The Defendant, while driving a bicycle, reversed the victim’s bicycle going on the right side of the front side by negligence that could not well see the left and the right of the front.

The result of the death of the victim of the instant accident is very serious.

However, the defendant is the first offender, and his mistake is in depth divided.

The defendant reported 119 immediately after the accident and took affirmative relief measures so that the victim can go back to the hospital.

As the defendant subscribed to the accident insurance, there is a circumstance that a considerable part of the damage amount will be repaid by the insurance company, and the bereaved family members paid a certain amount to the victim's bereaved family members and do not want to punish the defendant.

The defendant is preparing to be employed as a public official, etc. by returning to a university which was enrolled after completing military service.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence imposed by the court below 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 facts and evidence recognized by the court is the same as the entries in each 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. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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