The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The instant crime against the grounds of appeal is a normal situation against the Defendant, such as the following: (a) the Defendant violated the signal while driving under the influence of alcohol while driving in the state of alcohol and caused the death of the victim by shocking the victim at the crosswalk by negligence going through the intersection; (b) the criminal liability is heavy; (c) the blood alcohol level (0.120%) at the time is high; (d) the victim continued to appear beyond the road speed despite the stop signal; and (e) the degree of the violation of the duty of care is highly likely to be criticized due to the shock; and (e) the instant traffic accident resulted in a serious consequence that the victim’s bereaved family members were dead; and accordingly, (e) the victim’s bereaved family members are expected to suffer a huge shock and pain.

However, the fact that the defendant recognized the crime of this case, immediately stops after the accident, and made every effort to take relief measures such as providing cardiopulmonary resuscitation to the victim, the vehicle of this case is covered by a comprehensive insurance, the fact that the bereaved family of the victim does not want punishment against the defendant at the investigation stage, the fact that the bereaved family of the victim does not want punishment against the defendant, the fact that the bereaved family of the victim is responsible for the livelihood of the family, and that it is a primary offender who has no criminal power for punishment, etc. are favorable to the defendant.

In addition, when examining the defendant's age, character and conduct, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, conditions of sentencing as shown in the arguments and records, such as circumstances after the crime, and sentencing guidelines (in the case of types 2 (traffic Accident Death, etc.) (type 8 to 2) in the basic area (type 2 (traffic Accident Death, etc.), special mitigation and/or : Special mitigation and/or driving, etc.): the sentence imposed by the court below is too unreasonable; therefore, the defendant's argument in the grounds of appeal is justified.

3. The appeal by the defendant is in conclusion.