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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant's sentence (one year and six months of imprisonment) declared by the court below is too unreasonable.
B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.
2. Determination
A. The Defendant led to the confession of the instant crime and reflects the Defendant’s mistake in depth, the Defendant’s vehicle is subscribed to a comprehensive automobile insurance policy, the Defendant deposited KRW 30 million in the process of the lower court’s trial for the victim’s bereaved family members, and additionally deposited KRW 50 million in the first instance trial (the victim’s bereaved family members clearly made it clear that each of the above deposits should not be received, but the Defendant sent a letter of consent to recovery so that the Defendant may recover each of the above deposits again). The Defendant was a first offender with no criminal history, and there was no traffic accident history or any administrative disposition related to traffic accidents prior to the instant accident, and the victim’s family, gender, and scar are asserting the Defendant’s wife against the insurance company that was subscribed to the Defendant’s vehicle (Seoul District Court Decision 2016Da5172232, May 23, 201), and the victim’s bereaved family members voluntarily withdrawn the said lawsuit.
B. On the other hand, the instant crime committed while the Defendant, while driving a motor vehicle in violation of the signal while making it difficult to drive the motor vehicle normally due to drinking, led to the death of the victim by occupational negligence, and in light of the criminal history and result, etc., the crime is not very good. The victim was cutting the crosswalk pursuant to the pedestrian signals at the time of the instant accident, and there seems to be no negligence in relation to the said accident. The victim was the spouse at the time of the instant accident, the third grade of the middle school, and the fourth grade of the elementary school, and the bereaved family members who lose their love family are punished against the Defendant.