All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the Defendant’s family environment, etc., the lower court’s punishment (one year of imprisonment without prison labor, two years of suspended execution, two years of social service, 200 hours of compliance driving, 40 hours of compliance driving) is too unreasonable, given that the Defendant committed the instant crime, and reflects the Defendant’s mistake in the course of committing the instant crime with no criminal history, and that his bereaved family members were not punished against the Defendant by agreement with the victim’s bereaved family members.

B. Considering the fact that there was a serious result of the death by shocking the victim while driving at a speed exceeding 39 km, the lower court’s punishment is too uneased and unreasonable.

2. Determination

A. The Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, ought to respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above circumstances alleged by the Defendant and the Prosecutor, the lower court appears to have determined the sentence by taking into account the following circumstances, and the fact that there is no special change in circumstances that could change the sentencing after the sentence of the lower judgment was rendered, the lower court’s sentence is adequate, too heavy or unreasonable.

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