The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

1. The decision of the court below (one year and two months without prison labor) on the gist of the grounds of appeal is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

At the same time, the parents of the family who caused the traffic accident caused by the defendant could not take care of the death at the same time.

In light of the speed of the vehicle driven by the defendant at the time of the occurrence of the instant traffic accident, the degree of fault of the defendant is very serious.

In light of the statements made by the defendant in an investigative agency, the circumstances after the crime are not good.

The Defendant did not receive a letter from the bereaved family members of the victims who suffered a significant mental distress due to the instant traffic accident.

On the other hand, the following conditions are favorable.

In the occurrence of the instant traffic accident, the victim's negligence is partly competing.

Vehicles operated by the defendant are covered by comprehensive motor vehicle insurance.

At the time of the trial of the first instance, the defendant deposited KRW 60 million for the bereaved family members of the victims, and made efforts to compensate for damage by additionally depositing KRW 40 million in the first instance trial.

The Defendant had no record of being punished by a fine exceeding the fine prior to the instant crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is somewhat inappropriate and thus, the Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted 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. 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.