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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the period of one year from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (six months’ imprisonment without prison labor) of the lower court is too minor or unreasonable.
2. As the instant accident occurred, the Defendant’s negligence is not less severe, and as a result, there is a serious result of the victim’s death, it is inevitable to punish the corresponding severe punishment.
However, in full view of the fact that the defendant recognized all the crimes of this case, the first offender who has no criminal history, the victim's negligence in the occurrence of the accident of this case, the defendant's driver's vehicle is insured, the defendant's vehicle was deposited in money for the victim's bereaved family members, the defendant agreed to the victim's bereaved family members in the court below, the defendant's prior consent was sought, the defendant's age, sex behavior, environment, circumstances after the crime, etc., and other various circumstances, which are conditions for the sentencing as shown in the trial process, are recognized as unfair because the court below's punishment is somewhat unreasonable, and the above argument by the defendant is reasonable, and the prosecutor's above assertion is without merit.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading (as long as the defendant's appeal is without merit, but the decision of the court below is accepted by the defendant's appeal and the decision of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the disposition of the court below) / The summary of facts and evidence acknowledged by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited pursuant
Application of Statutes
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;