All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year’s imprisonment without prison labor) is too unreasonable.

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

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing in the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction in our criminal litigation law and the nature of the ex post facto review of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion when comprehensively considering the factors and sentencing criteria in the course of the first instance sentencing trial.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The circumstances asserted in the trial by the Defendant and the Prosecutor as favorable or unfavorable to the sentencing were mostly revealed in the hearing of the lower court, and there are no other changes in circumstances related to the matters subject to sentencing after the pronouncement of the lower judgment.

Considering the point of occurrence of the case, there are some extenuating circumstances such as the negligence of the victim crossing the road at night, and the fact that the bereaved family members are expected to receive insurance money from the insurance company. However, even though the defendant is a repeated crime due to this type of crime, the defendant runs fast along the intersection where the signal of on-and-off flashing light is installed, thereby causing death.