The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence (10 months of imprisonment without prison labor and 2 years of suspended execution) declared by the court below is too unreasonable.

2. The judgment that caused the instant traffic accident by negligence while driving a vehicle without complying with the speed limit is disadvantageous to the Defendant.

However, the defendant's mistake is divided and reflected by his own mistake, the victim is placed in one way among two lanes, and the victim is also negligent in the occurrence of the accident, and the location of the accident in this case is two lanes with the center line of the yellow-ray, and there is no crosswalk around the surrounding area. Since the accident in this case occurred at night, it was difficult for the defendant to anticipate pedestrian traffic, there was no particular penalty power for the defendant, the accident vehicle is affiliated with LFI, the defendant paid 30 million won to the bereaved family of the victim separately from the above mutual aid insurance, and in full view of the various conditions of the records and arguments in this case including age, character, environment, motive and background of the crime, method and method of the crime, and circumstances after the crime, etc., the judgment of the court below is too unfair.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【The part of the judgment rendered in multiple times] Criminal facts and summary of the evidence recognized by the court and the summary of the evidence are all the same as the entries of the judgment below in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 1.