The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The sentence of the court below (four years of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged that the Defendant, while under the influence of alcohol 0.110%, neglected to drive a motor vehicle while driving the motor vehicle, caused a shocking traffic accident to the victim on the road while driving the motor vehicle, and the nature of the crime is very serious. The crime of this case results in the victim’s death at the site, and the bereaved family did not agree with the victim’s bereaved family members until now, and the bereaved family members continuously want to punish the Defendant’s severe punishment.

However, in light of all circumstances indicated in the records of this case including the defendant's age, character and conduct, environment, and circumstances after the crime, the court below's punishment against the defendant is somewhat unreasonable, since it is recognized that the defendant's punishment against the defendant is inappropriate, since it is recognized that the defendant's punishment against the defendant is somewhat unreasonable, in light of the fact that the victim's bereaved family members receive 197 million won as insurance money on February 7, 2013, the defendant also deposited 7 million won for the victim's bereaved family members in the trial, and immediately after the accident of this case, the defendant voluntarily surrendered to the investigation agency after the accident of this case, and there is no criminal records of suspension of qualification or more than punishment, and his mistake.

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 of this case is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged against the defendant and the summary of the evidence recognized by the court is the same as the corresponding column 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 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)1 of the Criminal Act concerning criminal facts and the choice of punishment.