A defendant shall be punished by imprisonment for not less than one year and six months.

2. The crime of this case committed by the Defendant, while driving alcohol, did not take measures such as providing personal information and providing relief to the injured party while driving alcohol, resulting in the death of the injured party, and the liability for the crime is very heavy.

Even if the defendant has a record of punishment as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he is disadvantageous to the defendant.

However, considering the fact that the above criminal records of the defendant was about 20 years prior to the shocking of the victim, the defendant returned to the scene of the accident and voluntarily surrendered to the police within about 10 minutes from the shocking of the victim, the defendant agreed with the bereaved family members of the victim, the defendant recognized the defendant's mistake and reflects in depth, and other various circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, and circumstances after the crime, the sentence of the court below is too unreasonable. Thus, the defendant's assertion is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

- Re-written judgment - Criminal facts recognized by the court as stated in the summary of criminal facts and evidence and summary of the evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-3(1)1 of the same Act, Article 268 of the Criminal Act (the death of a victim after the escape of a traffic accident, the choice of imprisonment with prison labor), and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the choice of imprisonment with prison labor);

1. Reduction of self-denunciation: Article 52 (1) and Article 55 (1) 3 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.