The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The judgment of the defendant committed the crime of this case under the influence of 0.141% alcohol concentration, the distance of drunk driving is considerable, the traffic accident of this case results in the death of the victim D, who is the driver of the victimized vehicle, and the result was serious, and there was a history of punishment several times due to drinking driving, etc., against the defendant.

However, in full view of the favorable circumstances, such as the fact that the Defendant was living in prison for a period of approximately four months, the bereaved family members of the deceased victim and the injured victim, the agreement was reached in full with the victim and the injured victim, the vehicle driven by the Defendant was covered by the comprehensive automobile insurance, the Defendant did not have any criminal record exceeding the fine, and other various circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, career experience and environment, it is recognized that the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized 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. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for a violation of the Road Traffic Act in the choice of a punishment;