The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. The circumstances are as follows: (a) the Defendant’s mistake is against himself/herself; (b) the Defendant’s primary crime is the victim’s bereaved family members; (c) the Defendant’s vehicle is covered by comprehensive insurance; and (d) the Defendant’s family members supporting the Defendant.

However, the instant crime brought about the death of a victim by causing a traffic accident while driving a vehicle in the manner of drinking alcohol by the Defendant. In light of the degree and result of the Defendant’s negligence, the criminal liability is heavy, various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence, circumstances after the crime, etc., and the crime of this case, the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee for the instant crime, traffic crime group, general traffic accident type 2 (accident of traffic accident), special person (in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Traffic Accidents, where illegality in the proviso of Article 3(2) of the Act on the Punishment, etc. of Traffic Accidents is emphasized), the decision of the recommended area, the scope of recommended sentence (basic area), and the scope of recommended sentence (driving to August 16)

In full view of the above, the sentence of the court below is somewhat unaffortable and unfair.

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is well-grounded, and the following judgment is rendered after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

1. The Criminal Act among concurrent crimes.