The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than nine months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. At the time of the instant judgment, the Defendant’s blood alcohol content exceeds 0.253% at the time of the instant judgment; the Defendant driven under the above circumstances despite the movement of passengers, and as a result, the Defendant caused the death of the victim who dried the crosswalks in accordance with the pedestrian signal on the lane; the bereaved family members of the instant accident are expected to receive a serious mental shock; however, the Defendant recognized the instant crime and reflects the Defendant; the Defendant is an initial offender without any criminal records; the Defendant deposited KRW 5 million for the bereaved family members; the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime; and the sentencing conditions indicated in the instant case, including the sentencing in similar cases; the Defendant’s aforementioned assertion on unfair sentencing is somewhat unreasonable; and the prosecutor’s assertion on unfair sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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) 1 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.