The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The crime of this case was committed under the influence of alcohol by the defendant while driving the motor vehicle in this case without taking necessary measures, such as immediately stopping and aiding the victim's death, and leaving the site. The nature of the crime is poor. However, if the defendant is detained for more than 4 months due to the crime of this case, and the defendant has been detained for more than 4 months, and the defendant has no record of punishment in excess of the same criminal power and fine, there is no record of punishment in excess of the victim's family members, the defendant's bereaved family members want the defendant's wife's wife, the vehicle is covered by the comprehensive motor vehicle insurance, the victim's vehicle seems to have been by considerable negligence in the occurrence of the traffic accident of this case, and the defendant's accident seems to have been committed without permission at the heart, and considering various factors of sentencing as indicated in the records, such as the motive, circumstance, age after the crime, age, character and behavior, etc. of the defendant, the court below's punishment is too inappropriate.

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 summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act on the Punishment, etc. of Specific Crimes concerning criminal facts, the point of escape after the negligence in the course of business.