The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (two years of suspended execution in August) on the summary of the reasons for appeal is too unreasonable.

2. A traffic accident has occurred due to the over-speed driving of the Defendant on the board, and the degree of criticism is large in that the serious result has resulted in the death of the victim.

However, it is against the defendant's wrong recognition of the defendant, and the victim's bereaved family members agree not to punish the defendant, the vehicle is covered by the comprehensive motor vehicle insurance, there is no criminal record other than once a fine, and the vehicle driven by the victim was recovered from the accident that occurred earlier by the defendant's vehicle, and there are circumstances that can be considered in the course of committing the crime. Considering the impact of the criminal trial of this case on the defendant's occupation and other various circumstances that are conditions for sentencing specified in this case, such as the defendant's age, sexual behavior, environment, family relationship, the court below's punishment is recognized as unfair because it is excessively unreasonable.

3. The decision 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 judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;