The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, such as the fact that the result of the victim’s death was occurred due to the instant crime, the fact that the victim’s bereaved family did not agree with the victim’s bereaved family, etc., the Defendant recognized the instant crime and reflected against the Defendant, the Defendant deposited a total of KRW 8 million for the bereaved family of the victim in the trial of the party, the occurrence of the instant accident has the negligence of the victim in the occurrence of the instant accident, and the Defendant did not have any history of punishment heavier than the past fine, the lower court’s punishment seems to be somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In 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 of this case is with merit, and the following judgment is to be rendered again after pleading.

【Re-written judgment] The summary of the judgment of the court below and the summary of the evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;