1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment of this case is recognized that the defendant was under the influence of alcohol level 0.188% and caused the death of the victim who dried the crosswalk while driving in the influence of alcohol level 0.18%. It is recognized that the defendant was under the influence of alcohol level. The nature of the crime is bad, the result is very heavy, the alcohol level in the blood of this case is very high, and the defendant has already been punished twice by a fine due to drunk driving, and that the defendant was under the same control of 13 times in total, including one sentence for this crime.

However, the fact that the defendant recognized the crime of this case and reflected against the victim's bereaved families, that the court below agreed to pay 45 million won to the victim's bereaved families, that the vehicle involved in the accident is covered by a comprehensive insurance, that the defendant's wife wants to leave the ship, that the defendant's wife committed suicide while the defendant's wife has endeavored to reach an agreement with the victim's bereaved families, etc. It is also recognized that the victim's bereaved families want to take a preference against the second defendant in the trial.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, it is judged that the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Imprisonment with labor for a limited term of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment;