The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year and six months) is too unreasonable.

2. At the time of the commission of the instant case, the Defendant’s blood alcohol concentration was high, and the victim with a crosswalk was shocked, and the victim’s serious damage was caused to the victim’s death.

However, in full view of the favorable circumstances, such as the fact that the defendant deposited KRW 10 million for the victim's bereaved family members and agreed with the victim's bereaved family members, the defendant's violation of the agreement, the fact that the defendant's vehicle was covered by the motor vehicle comprehensive insurance, the defendant's insurance money was paid to the victim's bereaved family members, and there was no record of the same kind of crime since 2005, the defendant's age, character and conduct, circumstances of the accident, means and consequence of the accident of this case, and the circumstances before and after the crime, etc., the court below's punishment is unfair

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. 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) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Reasons for sentencing among concurrent crimes (within the scope of adding up the long-term punishments of the above two crimes) under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of recommending punishment) [the scope of recommending punishment] general traffic accident category 2 (Death resulting from Traffic Accidents) and basic area ( August to June).