The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

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

2. The Defendant, even in the past, has been punished several times due to the same or similar crimes, and the Defendant committed the instant crime against the Defendant, even though he/she was sentenced to the suspension of the execution for ten months of imprisonment with labor for violating the Road Traffic Act, at the Changwon District Court’s branch on May 13, 2011, for the reason that he/she committed the instant crime, even though he/she was under the suspension of the execution.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant committed a contingent act while under the influence of alcohol, the defendant paid an amount of 3.4 million won to the victim D on August 4, 201, which was after the death of the crime of this case, and did not punish the victim under the agreement with the victim, the defendant is in the position of supporting his family, and the defendant is led to the confession and reflectness of his family, and other circumstances that are conditions for sentencing as shown in the records and arguments such as the circumstances after the crime of this case, the circumstances and results of the crime of this case, etc., it is recognized that the punishment imposed by the court below is somewhat unreasonable, and the above argument of the defendant is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

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

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

2. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Considering the favorable circumstances as seen in the grounds for reversal);

3. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the defendant in the grounds for reversal);