The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The sentence (one-year imprisonment without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The result of the crime is very significant due to the death of the victim, and the defendant caused the accident of this case where the pedestrian booms the crosswalk due to negligence that neglected the duty of front-time care, and the degree of the violation of the duty of care is serious, etc., which is disadvantageous to the defendant.

However, it is against the defendant's wrong recognition of his/her own mistake, agreed with all of his/her bereaved family members in the trial, and there is no record of criminal punishment.

Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. 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 with merit.

【The reasons for the judgment of multiple times】 The facts constituting a crime against the defendant recognized by the court and the summary of the evidence are the same as the corresponding part of the reasoning of the judgment of the court below. Thus, it is decided to accept them as they are in accordance with Article 369 of the Criminal Procedure

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 selection of

1. Determination of the sentence as ordered by comprehensively taking account of the factors of sentencing prior to the reasons of sentencing under Article 62(1) of the Criminal Act.