The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years’ imprisonment without prison labor) is too unreasonable.

2. The Defendant, at night, went back to the center line while driving a motor vehicle while driving the motor vehicle at night, caused the death of the victim by shocking the error of the driver who was going in the opposite direction. In light of the substance and result of the negligence, the nature of the crime is hot.

However, in light of the following circumstances: (a) the Defendant has been in the past more than once in the trial, and the Defendant appears to repent the mistake, and (b) the victim’s bereaved family does not want the Defendant’s punishment by mutual consent with the victim’s bereaved family members; (c) the victim’s bereaved family members are covered by comprehensive insurance; (d) the victim’s bereaved family members were paid insurance money; (e) the Defendant has no record of criminal punishment except for a fine imposed twice due to drinking; and (e) other various sentencing conditions indicated in the record, such as the circumstances after the crime, the Defendant’s age, and sexual behavior, the sentence of the lower court is so unreasonable as to result.

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 reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act - Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;