The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment without prison labor, two years of suspended execution, 120 hours of community service order, 40 hours of attendance order) is too unreasonable.

2. The judgment of the defendant caused a traffic accident due to gross negligence of the central line, and as a result, many victims were injured, and the death was caused by the death is disadvantageous to the defendant.

However, when the defendant was found to have committed a crime in the first instance trial, all of the victims who suffered from the injury agree with the victim of the death at the court below, and all of the victims do not want to be punished in the first instance trial, on the records, it appears that the defendant has no record of criminal records and traffic laws and regulations violations, and the traffic accident in this case occurred during a long period of time as public officials. The traffic accident in this case was an accident that occurred while the defendant performed official duties, such as street maintenance, etc., and the traffic accident in this case was entering the tunnel exceeding 20 km/h of 20 km, it appears that the victim was in the state of non-licensed, and the defendant's age, sex, sex, environment, motive, means and result of the crime, etc., and the various sentencing conditions as shown in the records and arguments are recognized to be unfair because the defendant's argument is reasonable.

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

[Re-written judgment] Except for the addition of “1. Defendant’s oral statement” to the summary of the evidence of the lower judgment as to the facts constituting an offense and the gist of evidence, it is identical to each corresponding column of the lower judgment. As such, it is cited 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, the Criminal Act concerning criminal facts.