The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. Determination is an unfavorable circumstance that the Defendant escaped after causing an accident in a drinking state, the result that the victim is unable to follow due to the above accident, the Defendant’s blood alcohol concentration high, and the Defendant was punished for a fine of KRW 4 million due to a drunk driving in 2012.

However, considering favorable circumstances, such as the fact that the defendant's mistake seems to be against the defendant, the victim's 4th line road without permission, and the accident occurred by crossing the victim's 4th line road without permission, the defendant paid 25 million won to the bereaved family members of the victim and the victim's bereaved family members do not want punishment, and considering the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, and all of the sentencing conditions of this case, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable, and therefore the defendant's argument is reasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;