The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a prison term of two years and six months of imprisonment, a suspended sentence of three years, a community service order of 160 hours and an order to attend a law-abiding lecture of 40 hours) declared by the court below is too uneasible and unreasonable.

2. The crime of this case on board is driving a vehicle in a drinking condition by the defendant.

Since the occurrence of the instant accident caused the death of a victim crossing the road, the Defendant’s negligence is very heavy, and the occurrence of the instant accident resulted in the death of the victim. Nevertheless, the Defendant immediately stops and does not take relief measures, and runs away, and thereby the nature of the crime is extremely poor, and the surviving family members are expected to suffer a big mental shock due to the death of the victim, etc. is considered to be disadvantageous to the Defendant.

However, the defendant returned to the scene of the accident immediately after escape and voluntarily surrenders to the scene of the accident, the fact that all the criminal acts are recognized during the investigation process after that time, the fact that the defendant was covered by the automobile comprehensive insurance, and that the defendant paid consolation money of KRW 35 million to the bereaved family members of the victim and agreed to pay consolation money of KRW 35 million to the bereaved family members of the victim, and the victim's bereaved family members were made a call to the prosecutor's office to the effect that the sentence of the court below is too weak. However, the victim's bereaved family members cannot be deemed to have withdrawn

Considering the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment, that the defendant has been living in his/her workplace, and that his/her social relationship is relatively clear, the defendant's age, family relation, criminal record, character and conduct, environment, means and methods of committing the crime, motive and circumstance of the crime, and the result of applying the sentencing guidelines of the Supreme Court Sentencing Committee, it is deemed unfair to the extent that the sentence imposed by the court below is to be reversed.