The judgment of the court below is reversed.

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

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

1. The sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.

2. The result of the instant traffic accident is serious, such as the death of the victim by negligence of the defendant's driving.

However, in full view of the following circumstances: (a) the Defendant reflects the instant crime; (b) the Defendant has no particular criminal record other than the one-time fine; (c) the vehicle has subscribed to an automobile comprehensive insurance; and (d) the immediate relief measures have been taken after the occurrence of the instant traffic accident; and (d) the victim’s bereaved family members have agreed to do so; and (e) other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the instant crime, and circumstances after the commission of the instant crime, which are conditions for sentencing specified in the pleadings and records, the lower court’s punishment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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 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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution ( Taking into account the favorable circumstances in the preceding reason for reversal);