1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment without prison labor for eight months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (eight months) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have caused the death of the victim due to the negligence by which the defendant failed to properly operate the brake system, and the nature and circumstances of the crime are heavy, but the defendant recognizes his own crime and reflects the depth of the crime; the defendant has paid the victim's bereaved family members KRW 20 million at the time of the trial; and other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., it is deemed that the sentence imposed by the court below is too unreasonable.

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 facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);