The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have caused the traffic accident in this case while the defendant had been punished for driving alcohol again while driving alcohol in high blood level, and caused the death of the victim. However, although the defendant led to the occurrence of the traffic accident in this case while making a confession of the crime in this case, the court below agreed with the victim's bereaved family members, and the victim's bereaved family members have made efforts to recover damage, such as the payment of additional consolation money to the victim's bereaved family members in the court below, and the victim's bereaved family members have filed a written application to seek the defendant's preference, in full view of all circumstances, including the defendant's age, sexual behavior, environment, family relation, circumstance of the crime, etc., the sentence of the court below is too unfair. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the occupation of a Do doctor, the choice of imprisonment with prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances in determining the grounds for appeal in the above case);