The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The sentence imposed by the lower court (five years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant caused a traffic accident that leads the victims who were working at a construction site due to gross negligence, which not only driven on an expressway while under drinking but also failed to properly cope with the steering direction and brakes while driving the expressway, but also caused a shocking traffic accident.

As a result, the young-age victim D dies, the victim E and F suffered serious injury, and the degree of breach of duty of care and the result of damage are significant.

The victim D could not receive any statements from the bereaved family members.

On the other hand, however, the defendant is against the recognition of the crime.

The victim E appears to have improved the current state to the extent that the victim E would receive the outpatient treatment (the reference materials submitted by his counsel on February 5, 2020), and the victim E, F and the victim wanted to receive the Defendant’s prior consent.

The defendant has no history of criminal punishment.

In full view of other circumstances, including the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts of the defendant and the summary of the evidence recognized by the court are as shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act.