The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

1. The summary of the grounds for appeal (e.g., imprisonment without labor) of the lower court (e., August) is too unreasonable.

2. The instant accident resulted in the death of a victim crossing the road due to negligence that the Defendant neglected the duty of front-time care, etc., and caused the death of the victim. In light of the degree and importance of the Defendant’s negligence and the result, the liability for the relevant crime is grave, the surviving families are currently suffering from a large mental pain due to the death of the victim, and the surviving families wanting punishment corresponding to their responsibility to the Defendant several times.

However, taking into account the following circumstances: (a) the Defendant reflects his mistake; (b) there is no record of criminal punishment other than a fine once; (c) the Defendant’s vehicle is covered by a comprehensive insurance policy; (d) the Defendant deposited KRW 5 million in the original trial; and (e) the Defendant’s deposits KRW 50,99,92 in the lower trial for his bereaved family members; and (e) the Defendant is aged and appears to have a difficult economic situation; and (e) other sentencing conditions, such as Defendant’s age, character, character, environment, motive, means and consequence of the crime; (d) various sentencing conditions such as Defendant’s age, character and behavior; (e) the range of recommended sentence according to the sentencing guidelines of the Sentencing Commission for the instant crime; (e) traffic accident type 2 (traffic accident death); (e) the general traffic accident victim; (g) decision on the recommended area; and (g) the scope of recommended sentence ( April to October).

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.