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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment, five years of suspended execution, community service order and order to attend a lecture) is too unhued and unreasonable.
2. The judgment of the Defendant, while driving a motor vehicle under the influence of alcohol, led to the occurrence of a very harsh consequence that three of five victims, who were on board the damaged motor vehicle, died, and two of the victims, who were on board the damaged motor vehicle.
There is no criminal history of the defendant, and the vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, and the bereaved family members and victims who died after paying a large amount of criminal agreement are not punished by the defendant, etc. are more favorable circumstances.
However, the damage that the victims who died of the accident in this case lost their lives was extremely grave and irreparably unreparable, and all victims suffered from extreme mental pain due to the accident in this case, and the defendant went beyond several lanes due to alcohol.
In other words, at the time of the accident in this case, almost all of the vehicles of the defendant's vehicle was driven ahead of the center line, and it seems that there was no movement to avoid the accident by operating the steering gear or brake system even before the accident occurred. The accident in this case appears to have occurred entirely from the defendant's negligence, the defendant driven a remote distance exceeding 20km, and the defendant seems to have been under the influence of alcohol at the time, and the blood alcohol concentration was not lower than 0.081%. The recent drinking driving and the traffic accident caused by it have increased social awareness, and even though the request for severe punishment was made, the defendant's driving was reduced, and the crime in the same kind of crime and sentencing was sentenced to the punishment.