The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (four years of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant, while driving a drinking alcohol, did not take any relief measures despite the shocking of the victimized person, and eventually led to the death of the injured person, and thus, the crime is very poor.

However, in full view of the following factors: (a) the Defendant voluntarily surrendered after the instant crime; (b) the Defendant was committed; (c) the Defendant was aware of the commission of the instant crime; (d) the Defendant was already committing a crime for about ten months; (c) the victim’s bereaved family members were paid KRW 40 million to the victim’s bereaved family members as the above gold payment; (d) the Defendant’s driving vehicle was covered by a comprehensive insurance; (c) the Defendant’s violation of the Inland Water Fisheries Development Promotion Act around 1978; (d) the violation of the alcohol driving in around 2004; and (e) the fact that there was no other penalty force except for the punishment imposed by a fine by driving without a license; and (e) the sentencing conditions, such as the Defendant’s age, sex behavior, environment, motive, means and consequence of the instant crime; and (e) the court below’s sentence is deemed to be unfair

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment 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 (the point of escape after occupational negligence, the choice of imprisonment with prison labor), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving, the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.