The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence (one-year imprisonment without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. Although the result of the traffic accident of this case where the victim died, it appears that the insurance money was paid to the victim and monetary compensation was made in accordance with the comprehensive insurance, and the defendant deposited KRW 10 million for the victim's bereaved family at the court below at the time when the defendant deposited KRW 10 million for the victim's bereaved family; the defendant made efforts to recover the damage by deposit additional KRW 10 million; the defendant is the first offender and is in depth; the victim is deemed to have a certain fault at the boundary of the first and second lanes; and the victim is deemed to have a certain fault at the point of the first and second lanes; other circumstances, such as the background, means and method of the crime of this case; the circumstances after the crime; and the defendant's age and happiness environment, etc., which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments, are unreasonable.

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 of this case is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the 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 relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;