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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
The crime of this case results in the death of the victim D while driving a vehicle under the influence of alcohol by the Defendant, causing a traffic accident, causing the death of the victim D, causing an injury to the victim F for about three weeks. The negligence of the Defendant was considerably serious and the result of the death of one of the victims occurred, causing severe mental distress to the bereaved family members of the victim due to the Defendant’s crime, and the fact that the alcohol concentration in blood was considerably high at 0.182% at the time of the crime is disadvantageous to the Defendant.
However, the fact that the defendant's mistake is divided into about six months of detention, and that the defendant is the first offender who has no record of criminal punishment, that the defendant agrees with the victim F in the original trial, that the victim F and the bereaved family members of the victim D do not want punishment for the defendant, and that the vehicle driven by the defendant is covered by a comprehensive insurance policy for the defendant is favorable to the defendant.
In full view of all the circumstances that are favorable to the above unfavorable circumstances, and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances that form the conditions for sentencing as shown in the pleadings, such as the circumstances before and after the instant crime, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.
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, and the following is ruled again after pleading (the prosecutor's appeal is without merit, but the defendant's appeal is dismissed.