The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the defendant asserts that it is improper for the court below's punishment (in 10 months of imprisonment without prison labor and 2 years of suspended execution) so far as it is too unreasonable, and the prosecutor asserts that it is too unfied and unfair.

2. The crime of this case, which caused a traffic accident by negligence while driving a vehicle by neglecting the duty of care in front of the defendant, resulting in the death of the victim, and the result is very significant, is disadvantageous to the defendant.

On the other hand, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized, there is no particular history of punishment against the defendant, the bereaved family members of the victim and the bereaved family members of the victim agreed to the extent that the victim's bereaved family members wanted to have the prior wife of the defendant, and the social relationship is relatively clear, and other conditions of sentencing indicated in the records, such as the defendant's age, sexual behavior, environment, motive for the crime, and circumstances after the crime, the punishment imposed by the court below is deemed unfair.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Various circumstances examined in the determination of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of Article 334(2).