The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (10 months without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant caused the death of the victim while driving a vehicle at a restricted speed beyond the restricted speed. Therefore, the liability for the crime is not against the law.

However, in full view of the following factors: (a) the defendant's mistake is recognized and against the defendant; (b) there is no record of criminal punishment before the crime in this case; (c) the vehicle involved in the accident is covered by the motor vehicle comprehensive insurance; (d) the victim's bereaved family members and the victim's bereaved family members have recovered from a certain part; (e) the victim's bereaved family members and the victim's family members have agreed with the accident in this case; and (d) the victim's negligence has contributed to the occurrence of the accident in this case or the expansion of damage; and (e) other various sentencing conditions specified in the records and arguments, such as the defendant's age, sexual behavior, environment

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, 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 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 suspension of execution (the favorable circumstances in the judgment under paragraph (2));

1. The sentencing conditions examined in the determination of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Social Service Order and Order to Attend a lecture shall be determined as ordered in consideration of all the sentencing conditions examined.