The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (one year of imprisonment without prison labor for four months and one year of suspended execution) against the defendant on the summary of the grounds of appeal is too unreasonable.

2. The instant crime, based on the judgment, was committed by the Defendant by taking the victim crossing the road by occupational negligence into a passenger car and resulting in the death of the victim, and the circumstances unfavorable to the Defendant, such as the fact that in light of the content and consequence of the crime, the liability for the crime is very heavy, are recognized.

However, the defendant led to the appeal of this case by the solicitation of the above bereaved family members, and the traffic accident of this case occurred because the defendant was unable to discover the victim's unauthorized crossing in a situation where it is difficult to secure a temporary view in light of the strong sunlight at the time. The negligence of the victim seems to have contributed to the crime of this case. The defendant is the first offender who has not been subject to criminal punishment so far, and the defendant is the defendant's age, sexual behavior, environment, etc., and all other circumstances, which form the conditions for sentencing as shown in the argument of this case such as the defendant's age, sexual behavior, environment, etc. are considered to be unfair because the court below's punishment against the defendant is too unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept them 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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;