The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Defendant

The sentence of the court below (one year of imprisonment without prison labor, two years of suspended execution) is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

The crime of this case results in the death of the victim of a traffic accident by occupational negligence, which the defendant neglected his duty of care on the right and the right and the right and the right, and the crime of this case is not weak.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) made a confession of the instant crime; (c) made the Defendant repented of his mistake in depth; (d) the background leading up to the instant traffic accident; (c) paid insurance money to the victim’s bereaved family members as the bus driven by the Defendant joined the mutual aid association; (d) the Defendant agreed with the victim’s bereaved family members; (c) the Defendant has no record of criminal punishment; (d) other sentencing conditions, such as Defendant’s age, character and behavior; (d) character and environment; (e) motive, means and consequence of the instant crime; (e) various sentencing conditions; and (e) traffic crime group within the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission; (e) traffic accidents; (e) general traffic accidents; (g) special mitigation factors; (g) decision on the recommended area; and (g) the scope

Defendant

The prosecutor's assertion is with merit and without merit.

As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;