The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence (10 months of imprisonment without prison labor, 2 years of suspended execution, 160 hours of community service, 40 hours of compliance driving) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant accident caused a serious result of the victim’s death.

However, the defendant is a primary offender, and the defendant's driving vehicle is covered by the comprehensive motor vehicle insurance.

In addition to the deposit of KRW 10 million in the court below, the defendant agreed with the victim in the trial.

Examining all the conditions of sentencing as shown in the records and arguments of the instant case, such as the degree of negligence of the Defendant on the instant accident, the victim’s mistake, the Defendant’s personality and conduct, the environment, the motive and background leading to the instant crime, the method and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the punishment sentenced by the lower court is too unreasonable.

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 is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;