A. The lower court’s sentence (two years of suspended execution in June, community service order, 80 hours in community service order, 40 hours in compliance driving instruction) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of the instant accident results in fatal results of the victim’s death, and the victim’s intent to punish the Defendant is disadvantageous to the Defendant.

However, it seems that the defendant recognized his mistake and reflects his depth, there is no record of criminal punishment other than the punishment of a fine in 2003, and deposited KRW 30 million for the victim's side, and it seems that the victim is responsible for the occurrence and expansion of the accident, and that the vehicle of this case has been covered by the comprehensive motor vehicle insurance in favor of the defendant.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.