The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for two years.

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

1. The summary of the grounds for appeal (e.g., a two-year imprisonment without prison labor) of the lower court is too unreasonable.

2. The Defendant’s negligence caused a heavy consequence that the victim’s death.

The instant accident may not be deemed that the Defendant’s negligence is light because the instant accident occurred while the Defendant who was driving a large-scale working vehicle was going behind according to the victim’s guidance.

On the other hand, the Defendant recognized the instant crime and reflected his mistake.

The defendant paid compensation to the bereaved family members of the victim in the trial of the party, and the victim's bereaved family members and the victim's bereaved family members do not want punishment.

There is no criminal record against the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, including the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied 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, it is cited 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 selection of

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;