The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

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

Judgment

In full view of the fact that the defendant agreed with the bereaved family of the victim during the investigation process and that the victim was negligent in crossing the road without permission, the sentence of the court below is deemed unfair.

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

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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 Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the bereaved family members want to find the Defendant’s wife by mutual consent with the bereaved family members of the victim in the course of investigation, the Defendant’s vehicle is covered by a comprehensive insurance, the victim was at fault of crossing the road without permission, since the time when the instant accident occurred after the accident occurred, it was difficult for the Defendant to find the victim who illegally crossing the vehicle after the passage of the vehicle; the Defendant’s serious result caused the death of the victim by shocking the victim with the vehicle; the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking full account of all the following factors in the records of the instant case.