The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year’s imprisonment without prison labor) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant caused a traffic accident and caused the death of the victim, and the criminal liability is serious, and the defendant has been punished for the same kind of crime.

However, in full view of the favorable circumstances such as the Defendant’s confession of all of the instant crimes and reflects the Defendant’s mistake in depth, the harming vehicle is subscribed to the bus mutual aid association, the Defendant deposited KRW 30 million in total against the victim’s bereaved family members, and the Defendant additionally paid KRW 10 million in the first instance trial and agreed with the victim’s bereaved family members, and other circumstances such as the motive, background, means and method of the instant crime, circumstances before and after the instant crime, the Defendant’s age, sexual behavior, career, and environment, etc. as indicated in the instant argument, the lower court’s punishment is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the decision is rendered again after pleading (the prosecutor's appeal is without merit, but the prosecutor's appeal shall not be dismissed separately from the order so long as the decision of the court below is accepted and the decision of the court below is reversed). 【The grounds used again for the judgment below and the summary of facts and evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are cited pursuant to

Application of Statutes

1. Relevant legal provisions and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. The Criminal Act, the suspension of execution;