The judgment of the court below is reversed.

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

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

2. In light of the various sentencing conditions shown in the records and arguments of this case, including the fact that the defendant deposited KRW 20 million for K, a bereaved family member of the deceased, in the judgment of the court below, the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each 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. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, Article 54(1) of the Traffic Act, Article 148, Article 148-2 subparag. 2, and Article 44(1) of the Road Traffic Act (a) of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury by Escape) upon the choice of punishment, and imprisonment with prison labor for the crime of violation of Road Traffic Act;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity, the Defendant, while under the influence of alcohol, drive a vehicle at a speed of about 150 km per hour and took it as it is, and did not take any measures despite the occurrence of a very serious consequence, such as the death of one victim and the injury of two victims, and tried to conceal the fact of driving alcohol.