The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant, while driving a vehicle in a drinking state, was guilty of the Defendant’s liability for the crime, taking into account the following circumstances: (a) the Defendant led to the occurrence of the serious consequence of the victim’s death while driving the vehicle; (b) but, at the time of the police investigation, deposited KRW 20,00 for the victim’s bereaved family at the time of committing each of the instant crimes; (c) the Defendant deposited KRW 20,00 for the victim’s bereaved family at the time of the police investigation; (d) the first offender was the first offender; and (e) the Defendant’s age, character and conduct, environment, family relationship, circumstances after committing the crime, etc., the Defendant’s sentence is deemed to

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

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. 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), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts (the occupation of a person causing death by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents resulting from Occupational Death resulting from Gross Death which

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;