The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The defendant is driving under the influence of alcohol level of 0.190% in which normal driving is difficult.

It causes a traffic accident involving the central line, and the victim D dies, and the result of the victim G and the victim F is disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the victim F was accompanied by the defendant's driver's vehicle and the accident of this case occurred, that the defendant agreed with all victims by the victim D's bereaved families and the victim F in the trial, that the defendant reflects the defendant, and that the defendant is the first offender.

In full view of all other circumstances, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of the death or injury caused by a dangerous driving), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of the injury caused by a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (the partial amendment made by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The punishment of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes shall be imposed;