The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e., three years and six months) is too unreasonable.

2. The Defendant is driving in the state of full intake (0.190% of blood alcohol concentration).

The victims of traffic accidents have been killed or injured, and the negligence of the defendant is very heavy, and the results are also involved.

However, the defendant is the first offender, and has been detained for not less than six months, and his mistake has been repented and reflected.

The defendant agreed with the victims of the injury and the bereaved family members of the deceased victim, and the victim is seeking a prior action against the defendant.

Some victims are those who have been killed or injured while driving a vehicle in which the defendant is driving together with the defendant, and their negligence is not weak.

In addition to the above circumstances, considering all factors of sentencing, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the court below's punishment is somewhat excessive.

Therefore, the defendant's argument is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) concerning criminal facts, the latter part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018; hereinafter the same shall apply), the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death of a dangerous driving) concerning criminal facts;

1. The Commercial Concurrent Crimes Act.