The judgment of the court below is reversed.

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (eight months without prison labor) is too unreasonable.

2. In light of the circumstances that are favorable to the Defendant who violated and proceeded with the signal and caused the death accident, while on the other hand, the Defendant recognized his mistake and reflects the result of the damage, that the Defendant does not want the punishment of the Defendant, that the Defendant does not want the same criminal record or fine, that the Defendant is aged and physically handicapped, that the Defendant is an automobile comprehensive insurance policyholder, and that the Defendant’s vehicle is being covered by the automobile comprehensive insurance, etc. In addition, considering the circumstances leading to the instant crime, circumstances after the commission of the crime, the Defendant’s age, the Defendant’s age, sexual behavior, and the scope of the recommended punishment according to the sentencing guidelines set by the sentencing guidelines of the Sentencing Committee, the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (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 on the suspended execution;