The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. Prosecutor 1) The Defendant’s assertion of misunderstanding of facts is the victim E (hereinafter “victim”) by driving a car.

The lower court acquitted the Defendant of this part of the facts charged on the ground that it is clear that the Defendant had caused death by shocking and shocking the victim at the time of the instant crime, and that there was no negligence in murder. Therefore, as to murder, the lower court acquitted the Defendant of this part of the facts charged on the ground that the credibility of M’s statement is doubtful, there is no obvious motive for the Defendant to commit a crime, and the Defendant does not appear to have committed the crime of murder after the commission of the crime. 2) In view of the fact that the Defendant’s murdering of the victim who was not erroneous in the grounds of unfair sentencing is very serious result, it is deemed that the result is very significant, that the victim was subject to the crime committed in the position of the socially weak, and that there was no agreement with other family members than the spouse of the victim, the sentence of the lower court is too unreasonable.

2. Progress of the instant case

A. A summary of the facts charged as to the institution of prosecution and murder 1) The prosecutor brought a prosecution against the Defendant for each of the crimes against the Defendant, including murder, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Ming Vehicle), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Ming Vehicle), and violation of the Road Traffic Act (Ming Vehicle). 2) The summary of the facts charged as to the murder, which became the main issue

The Defendant around 22:02 on June 26, 2010, at a point 34 km away from the side of the Seoul outer cycle Highway located in the Namyang-ri-ri-si, Seoul, and the victim, who is a substitute driver, does not exceed the Defendant’s Fura car.