The remainder, excluding a compensation order, shall be reversed.

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

A. The lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

Although the Defendant was sentenced to two years of imprisonment for fraud and embezzlement at the Cheongju District Court on June 28, 2013, the Defendant committed not only the crime of fraud and embezzlement of the same kind but also the purpose of using the motive of the crime as gambling funds.

In the case of crimes, such as violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.), the Defendant caused a traffic accident by negligence of the central line under the influence of alcohol, resulting in the death of the victim F. In addition, the victim H and J suffered bodily injury. In light of the circumstances and scale of the accident, the nature of the crime is not easy.

The conditions favorable to the defendant shall be as follows:

The Defendant made a confession of all of the crimes of this case, and is in profoundly against the Defendant.

Defendant

While driving vehicles are covered by comprehensive motor vehicle insurance, there is an agreement with the bereaved family members and the victimJ, so the victims are not punished.

In the case of the crime of fraud and embezzlement of this case, there is an agreement with the victims, and the victims have not been punished for the defendant.

Family members and branch members of the defendant want to take the action against the defendant.

In addition, considering the following factors: the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment against the Defendant is somewhat weak.

It is too unreasonable rather than that.

3. Accordingly, the defendant's appeal is with merit, and the remaining part of the judgment below except the compensation order is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.