The judgment of the court below is reversed.

The punishment of a defendant shall be determined by a credit cooperative for ten months.

However, from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (10 months without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a case resulting in the death of a victim by causing an excessive traffic accident while the defendant was under the influence of the defendant, and thus, the illegal occurrence of the result was serious, and the victim's bereaved family members could have suffered a huge mental suffering.

On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, the first offender who has no record of crime, the defendant to agree with the victim's bereaved family members, and the victim's bereaved family members are not punished against the defendant, and the motor vehicle operated by the defendant is covered by the comprehensive insurance.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;