All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, misunderstanding of the legal principles and misunderstanding of the instant traffic accident is that the victim’s Obane exceeded the central line and received the Defendant’s vehicle, and there is no negligence by the Defendant, and it is not recognized that the Defendant’s central crime was committed and the occurrence of the accident occurred.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (two years of suspended execution in August, and forty hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination:

A. The Defendant and the defense counsel asserted that the lower court erred in the misapprehension of the legal doctrine, but in view of the evidence duly adopted and examined by the lower court, such as notification of the results of the traffic accident investigation and the results of the appraisal commission to the heads of the branch offices of the Road Traffic Authority, etc., the Defendant was negligent in failing to properly consider the victim’s movement while overtaking the victim’s ozone.

On the other hand, it is clear that the traffic accident of this case occurred due to such negligence, so it is also recognized the relationship with the person.

In addition, there is no room to apply Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents due to the death of the victim, and there is no need for the defendant's central crime to be a direct cause for the occurrence of the accident of this case.

Therefore, we cannot accept the argument of misunderstanding the facts and legal principles of the defendant and defense counsel as there is no ground.

B. Determination of the illegality of sentencing as to the instant traffic accident is heavy in that the instant traffic accident resulted in a serious consequence that is the victim’s death.

However, the defendant's bereaved family member is punished by the defendant under the agreement with the victim.