The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the defendant's negligence is severe and that the result of the victim's death occurred due to the crime of this case, strict punishment against the defendant is necessary.

However, the court below's punishment against the defendant is too unreasonable in light of the defendant's initial crime without any criminal history, and there is a reason to believe that the defendant's above argument is reasonable, and the prosecutor's above argument is without merit. The defendant's above argument is reasonable, since the defendant's above argument is too unreasonable in consideration of the defendant's conditions of sentencing as stated in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, circumstance after the crime, etc., and the fact that the defendant deposited considerable amount of money to the bereaved family members of the victim in the court below to recover damage and reached an agreement with the victim's bereaved family members.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted 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 imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;