The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

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

2. In light of the fact that the judgment of the court below, as stated in the circumstances unfavorable to the defendant, the defendant, who had been punished for the violation of the Road Traffic Act due to the same kind of driving under the influence of alcohol in this case, runs away without any measure, resulting in a serious result of the death of the victim, and thus, the crime is not less complicated in light of the fact that the defendant, while driving under the influence of alcohol in the same manner as this case, has caused a traffic accident.

However, considering the following factors: (a) the Defendant’s perception of the instant crime is against the Defendant’s mistake by committing the instant crime for seven months in prison life; and (b) there is no record of criminal punishment exceeding the fine; (c) the Defendant’s bereaved family members and the victim’s bereaved family members have reached a full agreement with the victim; and (d) the Defendant’s age, character, character, environment, health conditions, motive for the instant crime, and circumstances after committing the crime, the lower court’s punishment is too unreasonable.

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

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failure to take measures after causing death by occupational negligence) concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.