All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

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

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the instant accident causes the death of the victim and the degree of damage is very serious, and that the Defendant’s negligence, which did not observe the limited speed at night, is disadvantageous.

However, since the crime is recognized, the first offense is recognized, the victim's bereaved family is the first offense, the victim's bereaved family members are compensating for damages, and the above bereaved family members do not want punishment against the defendant, and the victim was involved in an accident while crossing a pedestrian signal without permission at night despite the fact that the pedestrian signal was low, so the victim's negligence is more favorable in the occurrence of the accident in this case.

The court below determined a punishment by taking into account all the above circumstances, and there is no change in the conditions of sentencing on the grounds that new sentencing materials have not been submitted in the past.

In addition, considering the various circumstances, such as the Defendant’s age, sex and environment, the background, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the instant records and arguments, the lower court’s punishment is too heavy or it does not seem to have exceeded the reasonable scope of discretion by putting off the Defendant’s discretion.

The defendant and the prosecutor's assertion are not accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.