All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. Regarding the violation of the Act on Special Cases concerning the Settlement of misunderstanding of Facts (Death, etc.), there is no credibility in the Defendant’s statement, the result of each analysis of CCTV images, and the fact that the Defendant died due to the Defendant’s breach of duty of care after the instant case was fully recognized, but the lower court rendered a judgment not guilty as to this, and therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unreasonable as the Defendant (e.g., the Defendant’s punishment) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant is a person engaged in driving CPoter II cargo vehicles.

On January 11, 2019, the Defendant driven the above cargo vehicle on January 15:27, 201, and led to the front road B in the Chungcheongnamsan City to the K elementary school on the side of the H cafeteria.

The road width is about 3.3 meters due to the farm road, so it is only possible to pass only one vehicle, and it is also impossible to pass the vehicle and the off-to-land.

Accordingly, on the road, there was a space such as a hole that can stop a vehicle and a road that can be moved into a nearby plastic greenhouse, etc., so that there was a space for avoiding one's own vehicle so that it is difficult to safely pass by another vehicle or another vehicle with a view to moving back, etc. from the first place to the road.

In addition, the above road has ditches on the left side of the direction of the defendant's driving, and on the right side, there was a danger of traffic, such as falling on the lower side of about two meters.

In such cases, a person engaged in driving of a motor vehicle shall verify whether he/she is a motor vehicle or a person coming from drinking by faithfully fulfilling the duty to stop on the front time, and shall immediately stop the vehicle so that the vehicle or the person coming from drinking can safely pass.