The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentenced by the court below to the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.

2. Although there are circumstances such as the fact that the defendant led to confession, and the age of the defendant is the first offender, the accident of this case is very large for the defendant's negligence because the defendant was driven while drinking alcohol and breaking the crosswalk. Ultimately, the accident of this case occurred due to the result of the victim's death, the damage was not paid up to the court below, and the defendant did not subscribe to mandatory insurance, and it seems unlikely that the damage recovery would occur in the future. Considering all other circumstances, including the defendant's age, character and behavior, environment, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the defendant's punishment imposed by the court below is too uneasible and unfair. Thus, the prosecutor's above assertion has merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of operating non-insurance motor vehicles and the choice of imprisonment);

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act shall be deemed to be the most serious punishment;