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. Summary of grounds for appeal;

A. The sentence of the lower court (the treasury eight months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the fact that the accident of this case occurred leading to the death of the victim, etc., the judgment of the court below should be strictly punished. However, in light of the fact that the defendant deposited a total of five million won for the bereaved family members in the court below, and that the bereaved family members do not want the punishment of the defendant by mutual consent with the bereaved family members, the defendant does not have criminal records, and other various sentencing conditions as shown in the argument of this case, such as the character and conduct of the defendant, environment, background of the crime of this case, circumstances before and after the crime, etc., the sentence of the court below

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 it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column 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 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;

1. Social service order under Article 62-2 of the Criminal Act;