The judgment of the court below is reversed.

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

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. On the other hand, this case is a traffic accident caused by the defendant's mistake of driving a motor vehicle under influence of alcohol, and there is no agreement with the victim's bereaved family members, and thus disadvantageous circumstances are recognized, such as the degree of negligence and the result of the death of the victim aboard the motor vehicle driven by the defendant.

However, in light of the following: (a) the Defendant’s mistake is divided into and against each other; (b) the first offense without any criminal history; and (c) the vehicle is covered by a comprehensive insurance; and (d) the victim took advantage of the Defendant’s drinking alcohol while being aware of the Defendant’s drinking; and (b) the Defendant’s age, character and conduct, environment, circumstances of the instant crime, circumstances after the instant crime; and (c) the sentencing precedent of similar cases, etc., the lower court’s punishment is unreasonable as it is deemed unfair to maintain the lower court’s sentencing determination.

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 judgment below is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime causing bodily injury resulting from dangerous driving)];