The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal by the defendant is that the defendant's reasons for appeal are too unreasonable due to the court below's punishment (eight months) and that the prosecutor's reasons for appeal are too uneasible to the court below's punishment.

2. The defendant's responsibility is heavy in light of the fact that the defendant's negligence appears to be serious in the accident of this case and the occurrence of irrecoverable damage to the victim's death.

However, in full view of all other circumstances, including the defendant's age, sex, environment, circumstance and result of the crime of this case, and circumstances after the crime, etc., the sentence of the court below is unfair, and thus, the defendant's appeal is unreasonable, and there is no reason for the prosecutor's appeal, and there is no reason for appeal. The prosecutor's appeal is without merit. The prosecutor's appeal is with merit. The defendant's appeal is dismissed. The defendant's appeal is dismissed. The defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

3. According to the conclusion, 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 after pleading ( insofar as the judgment of the court below is reversed by accepting the defendant's improper grounds for appeal for sentencing and the judgment of the court below is reversed, it shall not be decided separately in its order as to the prosecutor's appeal for the reason that sentencing is unfair as long as the judgment of the court below is reversed by accepting the defendant's grounds for appeal for sentencing)

Application of Statutes

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.