The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. In light of the harmful effects of drinking driving on society, it is inevitable to strictly punish the crime of drinking traffic accidents, such as the defendant's committing the crime of this case, the defendant's blood alcohol concentration was high at the time of committing the crime of this case, and the crime of this case resulted in the result that the victim's death was unable to be imprisoned. However, although there are unfavorable circumstances in sentencing, the defendant's confession of the crime of this case and again refrain from committing the crime of drinking driving, the defendant agreed with his bereaved family members during the trial of the court below, the defendant did not have any record of other criminal punishment except for the punishment of 70,000 won due to the violation of the Road Traffic Act in 206, and the defendant did not have any record of other criminal punishment. In full view of all the circumstances that are the conditions of the sentencing of this case as shown in the records, such as age, character and behavior, environment, family relationship, circumstance of the crime, circumstances after the crime, etc., the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment) concerning the crime, the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or death

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;