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 sentence of the lower court (one year and six months of imprisonment) against the accused in the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the instant crime committed by the Defendant, while under the influence of alcohol at 0.129%, was committed by the victim who was waiting for pedestrians’ signal while driving a stroke, resulting in the death of the victim, and the Defendant’s negligence and gross damage that caused the victim’s death, and that the victim’s bereaved family members suffered heavy mental pain, etc., the Defendant should be punished strictly.

However, in full view of the following factors: (a) the Defendant was the first offender with no history of punishment; (b) the victim’s bereaved family members were paid KRW 100 million to the victim’s bereaved family members up to the trial; (c) the victim’s bereaved family members were not wanting to be punished; (d) the Defendant was covered by a comprehensive insurance policy; (c) the Defendant was living in custody for about five months or longer; and (d) the Defendant’s age, character and conduct, the background and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by 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, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.