The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. However, the defendant does not want the punishment of the defendant at present by mutual consent with the bereaved family members of the victim, and the result of the accident in this case and the death of the victim has influenced part of the victim's negligence (e.g., drinking, driving, and wearing safety caps), and the defendant has no special criminal history.

And vehicles operated by the defendant are also covered by comprehensive insurance.

However, the accident of this case occurred on the wind of the defendant's own illegal internship at the two-lane, and the result of the victim's death occurred, and the defendant is very bad in the quality of the crime by driving as witness at the place of accident as if he was a witness.

In addition, in full view of the various circumstances, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the sentence of the lower court that sentenced to a fine is unreasonable.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited 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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (see, e.g., favorable circumstances as seen earlier);

1. An order to attend a course under Article 62-2 of the Criminal Act;