A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

2. The crime of this case is an element for sentencing unfavorable to the Defendant, inasmuch as the Defendant, while driving a vehicle under the influence of alcohol, led to the death of a friendly tool that was crashed on the sea due to a mistake in driving the vehicle while driving the vehicle, and the degree of the rash is serious. The Defendant’s blood alcohol concentration at 0.142% is a letter with high drinking level.

However, in full view of the following factors: (a) the Defendant has a depth of and against his mistake; (b) the Defendant is still 20 young people and has no criminal records prior to this case; (c) the victim’s bereaved family does not want to be punished against the Defendant; and (d) the family members and surrounding people want to have the Defendant’s wife against the Defendant; and (c) other factors such as the Defendant’s family environment, character and conduct, the background of the offense and the circumstances after the offense, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. Therefore, the court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts and the summary of evidence recognized by the court are all the same as the entries of the judgment below in each corresponding column of the court below, and they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Among concurrent crimes, each of the crimes listed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;