A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake; and (b) there is no past history of criminal punishment.

On the other hand, the crime of this case was committed by the defendant while driving a vehicle while under the influence of alcohol and causing the death of the victim, and the quality of the crime is not good. The defendant's blood alcohol concentration at the time of detection is relatively high by 0.145%, the crime of this case resulted in a very serious result that cannot be seen as the death of the victim. Nevertheless, an agreement with the victim was not reached between the victim and the fact that the victim did not receive liability insurance money, and it seems difficult to expect the recovery of the damage in the future.

In full view of the above circumstances and other factors, the Defendant’s age, sexual conduct, and environment, and all of the sentencing factors indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, 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.