The judgment of the court below is reversed.

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

Seized evidence No. 1 shall be confiscated.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four years and confiscation) of the original judgment is too unreasonable.

2. The judgment of the defendant has a record of being punished several times due to drinking driving, and the fact that the victim who used the crosswalk was killed while driving the motor vehicle again while driving the motor vehicle, and the nature of the crime is not very good. The fact that the blood alcohol level at the time of the crime of this case reaches 0.119% is disadvantageous to the defendant.

However, in light of the facts that the defendant is against the defendant, the victim's bereaved family member's consent with the victim's bereaved family member does not want the defendant's punishment; the victim's bereaved family member deposited more than 20 million won in the trial; the defendant's family member and his/her family member have no record of being sentenced to the suspension of execution; the defendant's family member and his/her branch member wanted the defendant's wife; and the defendant voluntarily surrenders himself/herself within a relatively short period of time after he/she escaped from the accident; the court below's sentence is too unreasonable in light of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence; and the circumstances after the crime.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment for a limited term) concerning criminal facts;

1. Articles 52(1) and 55(1) of the Criminal Act for mitigation of self-denunciation;