The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is too unreasonable.

2. The crime of this case committed by the Defendant at night led to the death of the victim who was unauthorized crossinged at the crosswalk at about 102.5 km per hour while driving at the speed of 60 km a five-lane road at night.

Since the defendant saw a limited speed exceeding 40km and the serious result of the victim's death occurred, it cannot be viewed that the responsibility for the crime is less than that of the victim.

However, on the other hand, the defendant led to the confession of the crime of this case and reflects his mistake in depth.

At the time of the instant case, the Defendant’s view was restricted due to soundproof walls in the direction of the victim, and the Defendant’s view was placed in front of the crosswalk even at night, and the victim was placed in the clothes of the fish-line system, so it is difficult to see that the Defendant’s negligence is very serious in light of the possibility of avoiding the instant crime, etc., and there is considerable negligence on the part of the victim who illegally crossed the ten-lane without permission at night.

Since a motor vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, it is possible to recover considerable damage from insurance money, and the defendant's own payment of 25 million won and the bereaved family members of the victim do not want the punishment for the defendant by agreement with the bereaved family members.

There is no history of criminal punishment against the defendant in the Republic of Korea.

The defendant seems to have a clear social ties in Korea, and the family and branch members of the defendant want to take the action against the defendant.

In full view of the equity of sentencing with cases of the same or similar kind of punishment and other conditions of sentencing as shown in the argument of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., the sentence imposed by the lower court is unreasonable.