The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The above sentence of the court below by the prosecutor is too unhued and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The following are circumstances that are favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; (b) the instant sea vehicle was subscribed to liability insurance; and (c) the victim’s bereaved family members appear to have paid approximately KRW 150 million in total with the insurance proceeds; and (d) there was no criminal record of qualification suspension or more than the suspension of qualifications.

However, the crime of this case was committed by the defendant under the influence of 0.196% of blood alcohol concentration, resulting in the death of the victims on the right side of the road, resulting in the death on the road. In light of the degree of violation of occupational duty and the gravity of the result, etc. at the time of this case, the defendant did not agree with the bereaved family of the victims up to the trial. The bereaved family continued to be punished by the defendant up to the trial, and there was the history of punishment due to the violation of the Road Traffic Act even in the past, which is disadvantageous to the defendant. In full view of these circumstances and other sentencing conditions such as the defendant's age, character and conduct, environment, criminal records, and the circumstances after the crime, the prosecutor's assertion is without merit, and the prosecutor's assertion is without merit.

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

As examined earlier, the defendant's appeal is without merit, but the defendant's appeal is dismissed unless the prosecutor reverses the judgment of the court below on the grounds of appeal.