The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year’s imprisonment without prison labor) is too unreasonable.

2. In light of the fact that the instant crime committed by the Defendant while driving a bus in a right way and causing the death of the victim D, which was a victim of the crosswalk pursuant to the pedestrian signals, led to the death of the Defendant, and the consequences of the Defendant’s negligence and accident are very serious. The Defendant did not reach an agreement with the bereaved family members, and the bereaved family members want to be punished against the Defendant, it is inevitable to sentence the Defendant’s imprisonment.

However, there are circumstances that can be considered for the defendant, such as the fact that the defendant recognized the crime of this case, the bus operated by the defendant is insured by the mutual aid association, the defendant deposited KRW 20 million in the court below for the victim's bereaved family members, and additionally deposited KRW 15 million in the court below for the victim's bereaved family members, the defendant supported the defendant's grandchildren, and his wife wanted to support the defendant, and there is no criminal conviction or heavier than the same criminal record or suspended execution.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, the lower court’s punishment seems to be somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

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

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted 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, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor for an offense (a recommendation)