The judgment of the court below is reversed.

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

1. The punishment of 8 months of imprisonment without prison labor declared by the court below is too unreasonable.

2. In light of the Defendant’s negligence and degree of damage, the Defendant’s crime of this case caused a traffic accident shocking the victim, and resulting in the death of the victim, and in light of the Defendant’s negligence and the degree of damage, the Defendant’s liability is considerably heavy. The Defendant’s bereaved family members want to commit the Defendant’s severe punishment on account of the following: (a) the Defendant’s consent to the victim’s bereaved family members is inevitable.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for committing an offense, means, conditions before and after committing an offense, the sentence imposed by the court below against the defendant is too excessive and unreasonable, and thus, the defendant's above argument is reasonable, since it is recognized that the sentence imposed by the court below is too unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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 the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of