All the judgment below is reversed.

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for six months, respectively.

(2).

1. The main sentence of the grounds for appeal (two years of suspended execution in one year of imprisonment without prison labor for the defendant A, and two years of suspended execution in six months of imprisonment without prison labor for the defendant B) is too unhued and unreasonable;

2. Determination

A. The fact that a mistake is divided and reflected, the amount of insurance money equivalent to KRW 77 million was paid to the bereaved family members prior to the pronouncement of the lower judgment, and the fact that the Defendants deposited KRW 5 million with the criminal agreement in the trial, and that there was no record of punishment for the same kind of crime is favorable to the Defendants.

However, in light of the circumstances surrounding the accident, etc., the lower court’s sentencing is somewhat unreasonable, in full view of the following: (a) the Defendants’ fault was very serious; and (b) the bereaved family did not receive a heavy punishment against the Defendants; and (c) the bereaved family members wanted to be punished against the Defendants; and (d) other factors indicated in the course of pleading, including the Defendants’ position and role, age, character and conduct, environment, and circumstances after the crime, etc.

B. Therefore, the argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal against the defendants is with merit, 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 as follows after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as those stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 268 and 30 of the Criminal Act and the choice of punishment for the crimes, and the choice of imprisonment without prison labor;

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

1. Article 62-2 of the Criminal Act of each community service order;