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 of imprisonment) 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 of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

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.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The circumstances alleged by the Defendant as favorable to the sentencing in the trial at the trial, such as the fact that the Defendant deposited KRW 30 million for the bereaved family members, and the circumstances alleged by the prosecutor as disadvantageous to the sentencing in the trial at the trial at the trial at the trial at the trial at the court of the lower court, most of the circumstances in which the Defendant’s family member deposited KRW 1.5 million for the victim’s bereaved family members at the trial at the trial at the trial at the trial of the lower court, but the Defendant caused a traffic accident due to a very gross negligence committed to the center line of drinking, and that the victim died, and that the bereaved family members expressed their intent to severely punish the Defendant, the lower court’s punishment may be mitigated.