The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The summary of the grounds for appeal (one year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service order) of the lower court is too unreasonable.

2. The judgment of the court below is that although the defendant's negligence was less severe than the defendant's death caused by the traffic accident in this case, the defendant led to the crime in this case, and the victim's bereaved family does not want the defendant's punishment. In the occurrence of the traffic accident in this case, the victim's bereaved family does not want the defendant's punishment. In addition, in the occurrence of the traffic accident in this case, the cargo driver's negligence who has entered the intersection would be much more severe than the defendant's negligence, and even according to the sentencing guidelines of the sentencing committee of the Supreme Court, the scope of the defendant's recommendation to the defendant falls under the sentencing range of imprisonment or imprisonment without prison labor for April 10 [the scope of the sentencing guidelines for the traffic crime in general] including the defendant's age, character and behavior, living environment, family relationship, relationship with the victim, motive, means and result of the crime, etc., the judgment below's punishment is too 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.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, and Articles 268 and 30 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;