All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

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

2. The circumstances are favorable to the fact that the Defendant’s mistake is divided and reflected, the Defendant’s failure to repeat a crime, the fact that the Defendant is subscribed to a motor vehicle comprehensive insurance, and there is no record of punishment for the same kind of crime.

However, the Defendant caused the death of the victim due to gross negligence committed while driving under the influence of alcohol while driving normally. In light of the method of crime and degree of damage, the quality of the crime is not good, the Defendant’s blood alcohol concentration is relatively high, the victim’s bereaved family members do not reach an agreement with the bereaved family members, and the lower court appears to have taken into account the circumstances favorable to the Defendant, and there is no special circumstance or change that may be considered newly after the lower judgment was rendered. In full view of all the sentencing conditions of the instant case, such as the Defendant’s age, sex, environment, background and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unfair, and thus, the Defendant and the prosecutor’s aforementioned assertion are not reasonable.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.