The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too heavy or unhutiled.

However, even though the defendant had a record of punishment for driving without a drinking license, the defendant's negligence in the violation of the signal while being taken in the state caused the death of the victim, so the responsibility for the crime is not weak.

However, the defendant reflects his mistake in depth and is liable for the result of the death of the victim. Although it does not reach an agreement with the bereaved family of the victim, the defendant appears to have been able to compensate for damage in liability insurance subscribed by the defendant, and deposited 2.5 million won for the purpose of recovering additional damage, currently in a civil lawsuit for compensation for damage, the victim and the defendant was on the motor bicycle driven by the defendant after drinking together, there may be some consideration in the situation of the occurrence of the accident of this case, the defendant is under treatment by suffering from injury, and in light of all sentencing conditions such as the defendant's age, family relation, criminal record, personality and conduct, environment, etc., the defendant's punishment imposed by the court below is somewhat inappropriate. Thus, the defendant's assertion pointing this out is without merit, and the prosecutor's assertion is

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows: (a) the facts charged and the summary of the evidence are as stated in each corresponding column except for deletion of the part of “criminal records” in the judgment below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;