The judgment of the court below is reversed.

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

1. The sentencing of the lower court (10 months of imprisonment without prison labor) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Determination

A. The crime of this case is a case where the defendant caused the death of a victim who gets a bicycle on a green pedestrian signal, etc. by negligence on the left-hand turn at the right-hand turn at the intersection. The defendant's negligence caused the result of the victim's death at the age of 8 years, and the crime of this case is not good, and the victim's bereaved family members' shock and suffering are sufficient to recover easily, and in light of the fact that the victim's bereaved family members' shock and suffering from the victim's bereaved family members cannot reach an agreement with the victim's bereaved family members, it is inevitable to hold the defendant not liable and sentence a penalty is imposed.

B. Meanwhile, there are extenuating circumstances such as the following: (a) the Defendant has no previous conviction; (b) the Defendant made a confession of a crime; and (c) the Defendant’s vehicle was covered by comprehensive insurance; (b) the victim’s bereaved family was paid insurance money equivalent to KRW 320 million; (c) the victim’s bereaved family deposited KRW 25 million in an investigative agency for the victim’s bereaved family; and (d) the Defendant and his family members deposited an additional amount of KRW 10 million in the first instance trial; and (c) the Defendant and their family members sent several letters seeking a letter of apology to the victim’s bereaved family members; and (d) the Defendant was diagnosed as having been under the age of 65, with the diagnosis of the victim’s health condition, etc.

(c)

In addition, the sentence of the court below is too unreasonable in light of all the sentencing conditions shown in the argument of this case, such as the defendant's living environment, the details and result of the crime, and the situation after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;