The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

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

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

2. Determination

A. The crime of this case is a situation unfavorable to the defendant, where the defendant caused a traffic accident shocking the victim, resulting in the death of the victim. In light of the defendant's negligence and degree of damage, the liability for the crime of this case is very heavy.

B. However, in full view of the following factors: (a) the Defendant was the first offender with no history of criminal punishment; (b) the lower court deposited KRW 15 million for the victim’s bereaved family; (c) the Defendant agreed that the victim’s bereaved family members and the bereaved family members were the only time in the trial; (d) the Defendant was covered by comprehensive insurance; (c) the Defendant was both aware of the instant crime and in depth; and (d) the Defendant’s age, character and conduct, environment, conditions before and after the crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable.

The decision is judged.

C. Therefore, the defendant's above assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited 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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);