The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The instant crime committed was committed under the influence of alcohol level of 0.127%, even though the Defendant did not obtain a license, and was found to have shocked the damaged vehicle while making a continuous driving in a considerable state of alcohol level of 0.127%. As a result, there were significant consequences, such as the death of three victims and the injury of two victims, etc., and the Defendant committed the instant crime even though he was sentenced to a fine of KRW 4 million due to a drunk driving in 2012 and revoked the driver’s license.

However, the defendant's mistake is recognized by the court below, and the victim's side (the three bereaved family members of the deceased and two injured victims) who had been victimized by the vehicle at the court below agreed to do so, and the defendant additionally paid 5 million won to the wife of the victim D who had died (the defendant asserts that his bereaved family members paid the above 5 million won separately from the above 5 million won). The defendant's argument is reasonable, in full view of the circumstances favorable to the defendant's agreement with the victim JJ who was accompanied by the defendant's vehicle, and other various sentencing conditions specified in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and environment, etc., are recognized to be somewhat unreasonable. Thus, the defendant's argument is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the aggravated punishment, etc. of each specific crime as to the crime concerned.