The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal: Unfair sentencing

2. In full view of the following facts: (a) the Defendant agreed with the victim of the traffic accident D in the course of the trial; (b) the Defendant’s age and occupation; (c) the motive of the instant crime; and (d) various sentencing factors indicated in the instant pleadings and records, including the circumstances after the commission of the crime, etc., the sentence of the lower court that sentenced the Defendant 1 year and three months to imprisonment is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the point of gross negligence caused by occupational negligence: Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act: Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

1. Punishment of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act: Article 37 (2) of the Criminal Act (a imprisonment and imprisonment without prison labor shall be deemed as punishment of the same kind and punished by imprisonment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been punished four times as “driving, etc.” in the past, and the two times among them are punished as a suspended sentence of imprisonment.

In particular, in 2014, the punishment of the fine and the suspension of the execution of imprisonment with prison labor has been imposed consecutively at the intervals of four days.

Nevertheless, the crime of drinking driving has been committed once again, and the traffic accident has occurred as well as the signal violation.

The drinking water also does not lower the level of alcohol.

Changes in social perception of drinking driving.