The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was driving under the influence of alcohol concentration of 0.126%, and the occurrence of traffic accidents resulting in the death of the victim, the Defendant’s strict punishment on the Defendant is acknowledged.

However, in light of the fact that the defendant is a primary offender with no particular criminal power, the defendant's depth is against the defendant, the vehicle driven by the defendant is covered by a comprehensive motor vehicle insurance, the defendant's consent was reached only with the victim's bereaved family members, and the victim's bereaved family members want to re-encilate the defendant's wife, and other conditions of various sentencing as shown in the argument of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[ multi-use reasons for the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, they are cited 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 (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; the choice of imprisonment for each sentence, as to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Code of the Order of Education and Order of Community Service are 2.