2. However, it is recognized that the defendant's mistake is against the defendant when committing the crime, and that the above bereaved family members are not subject to the defendant's punishment by agreement with the victim's bereaved family members, and that the victim's unauthorized crossing the road at night seems to be partly responsible for the occurrence of the accident, and that the vehicle is being covered by the comprehensive motor vehicle insurance.

However, in full view of the fact that the Defendant had already been punished due to the violation of the Road Traffic Act (drinking) and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even though he had the history of causing a traffic accident by driving a vehicle in a retoxic state, which led to an excessive result that may cause the victim's death, and other various sentencing conditions, including the Defendant's age, sexual behavior, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that it is unfair because it is too heavy or uneasible.

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