The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years and six months of imprisonment) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment so unfased so that the Defendant was unreasonable.

2. The crime of this case committed by the Defendant, while driving a drinking alcohol, did not take measures such as rescue and relief against the injured party, thereby causing the death of the injured party, and the nature of the crime is very heavy.

However, if the defendant is the first offender, the defendant returned to the scene of accident and voluntarily surrenders to the police within about 20 minutes from the shocking of the victim, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, the bereaved family members of the victim wanted the defendant's preference to the defendant beyond the defendant's punishment, and the defendant's life during approximately eight months of detention, and the defendant has half the defendant's age, sex, environment, motive and consequence of the crime, and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., are taken into account, the court below's punishment is too excessive and unfair, and the defendant's argument is justified.

3. As 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 appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and death), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

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

1. Selection of penalty;