A defendant shall be punished by imprisonment for not less than three years and six months.

2. The judgment on the grounds for appeal is based on the following facts: (a) the Defendant, while driving under the influence of alcohol, caused a traffic accident to the victim at the crosswalk, resulting in the death of the victim; and (b) as well as aiding and abetting the person who was on board the front boarding, for the violation of the Road Traffic Act and the violation of the Road Traffic Act; and (c) the nature of the offense is very bad; and (d) the degree of the Defendant’s taking over at the time of the instant case is considerably heavy, the Defendant’s liability is heavy.

However, in full view of the following facts: (a) the Defendant recognized his mistake; (b) the Defendant attempted relief measures against the victim immediately after the instant traffic accident; (c) the vehicle driven by the Defendant was subscribed to a motor vehicle comprehensive insurance; (d) the Defendant was an initial offender who has no record of criminal punishment; (c) the Defendant has reached an agreement with the bereaved family of the victim at the time of the trial; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) all sentencing factors indicated in the records and arguments of this case, such as the circumstances after the crime, it is deemed that the

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(A) Although the appeal by the prosecutor is without merit, it shall not be dismissed separately from the disposition of the court below, unless the decision of the court below is accepted by the defendant, and the decision of the court below is reversed. The facts constituting the crime and the summary of the evidence recognized by the court and the summary of the evidence are stated in the judgment of the court below.