The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five years of imprisonment) is too heavy or unreasonable.

2. The judgment of the Defendant, while under the influence of alcohol, failed to take relief measures against the victim, who is the passenger, and escaped without being able to cause a traffic accident. The victim's death, etc. is highly likely to be criticized due to the above traffic accident. The Defendant, even though he did not have obtained a driver's license, has the record of being punished several times due to the crime such as drinking or driving without a driver's license (4 times a punishment). However, there is a lack of compliance consciousness, and the possibility of recidivism is very high, and the Defendant is unable to agree with the victim's bereaved family.

However, there are extenuating circumstances, such as the fact that the Defendant recognized the instant crime, the fact that the Defendant surrenders himself to the investigative agency on the day following the crime, the fact that the victim’s bereaved family members were paid insurance money of approximately KRW 385 million through the insurance in which the victim was admitted, and the Defendant is expected to be responsible for the reimbursement thereof, and that the Defendant has no criminal record heavier than the suspended sentence.

In full view of the aforementioned circumstances and other factors of sentencing, including the Defendant’s age, sexual conduct, environment, background leading up to the commission of the crime, means and consequence, and the circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. As such, the defendant's appeal is reasonable, and 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 again decided as follows (the prosecutor's appeal is without merit, but the judgment of the court below is reversed on the ground that the defendant's appeal is justified.