The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (two years of suspended execution in June and 80 hours of community service order) that the court below sentenced is too unreasonable.

2. The crime of this case by finding out the victim D (hereinafter “victim”) who was seated on the road in the direction of the Defendant due to negligence in driving the vehicle while neglecting the duty of front-time care, leading the victim to shocking the front part of the vehicle of this case, resulting in the victim’s death due to external shocking, and the case is not somewhat unfavorable to the Defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant is led to confession and mistake, and that the victim was seated in the second two-lane road at night, it is deemed that the defendant was the cause of the occurrence of the accident of this case, the fact that the bereaved family members agree with the bereaved family members of the victim and do not punish the defendant, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the defendant's character and behavior and environment favorable to the defendant, the background and result of the crime of this case, the circumstances after the crime of this case, and other circumstances that are conditions for sentencing as shown in the records and arguments, the punishment imposed by the court below is somewhat unreasonable, and the above argument of the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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, Article 268 of the Criminal Act, and Article 1.1.