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.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in June) is too unreasonable.

2. In light of the following factors: (a) the fact that the death of the victim was the very serious result due to the instant accident is unfavorable to the Defendant; (b) the Defendant was the first offender; (c) the Defendant agreed to pay a considerable amount to the bereaved family members of the victim; (d) the Defendant’s vehicle is covered by a comprehensive insurance; (e) the victim’s negligence appears to have contributed to the occurrence of the instant accident and the expansion of damage; and (e) the Defendant appears to have committed the instant crime, and (e) the Defendant has expressed an attitude to recognize and reflect the instant crime, the lower court’s punishment is somewhat unreasonable.

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 with merit, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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. 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 suspension of execution (the above-mentioned normal consideration);