The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten months.

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

The summary of the grounds for appeal (10 months of imprisonment without prison labor) of the lower court is too unreasonable.

Judgment

In light of the fact that the crime of this case resulted in a very serious result of the death of the victim, and that the defendant has a record of having been sentenced to criminal punishment for the same criminal record, it is necessary to strictly punish the defendant.

However, in light of the following: (a) the Defendant made confession of the instant crime for the first time, and his depth is divided; (b) the bereaved family members do not want the Defendant’s punishment in the trial; and (c) the victim’s negligence on the occurrence of the instant traffic accident seems to have contributed to a certain degree; (d) there are circumstances that may be considered in the course of the instant crime; (b) the vehicle of the Defendant was covered by a comprehensive motor vehicle insurance; and (c) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment seems to be too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Scope of recommended punishment) (referring to two months to one year), the area subject to special mitigation (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of a traffic accident, where the victim has committed considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage);

2. Determination of sentence: