The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The Defendant, while driving under the influence of alcohol, does not take any measures to cause the death of the victim, and runs away without taking such measures, and the liability for the crime is very heavy.

In addition, the alcohol concentration among the blood of this case is considerably high as 0.15%, and the defendant was able to deny the criminal intent in an investigation agency, and did not receive a letter from the bereaved family members of the victim.

However, the defendant is against the facts charged, and his family and the branch want to take the defendant's wife against the defendant, and the defendant has no record of traffic-related crimes.

In addition, vehicles operated by the defendant are covered by a comprehensive insurance, and the defendant deposited KRW 20 million in the court below for the victims' bereaved families, and KRW 10 million in the court below.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the death of a traffic accident, the choice of imprisonment with prison labor), and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);