All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one year’s imprisonment without prison labor) is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1), at least, the Defendant can be found to have failed to commit murder against the victim.

Nevertheless, there was the Defendant’s intentional murder

It is difficult to recognize

In light of the facts charged, the judgment of the court below acquitted the primary charge.

2) The lower court’s unfair sentencing (one year’s imprisonment without prison labor) is too unhued and unfair.

2. Determination

A. 1) As to the prosecutor’s assertion of mistake of the facts, the lower court’s determination was proven to the extent that there is no reasonable doubt that there is no reasonable doubt that there was a conclusive or dolusent intention to murder a victim by the evidence alone submitted by the prosecutor.

It is difficult to see

In light of the foregoing, the lower court acquitted the Defendant of murder, which is the primary charge of the instant case.

Specific reasons are as follows.

A) ① The Defendant and the victim had no common sense, and there seems to have been no particular dispute between the Defendant and the victim; ② even if the victim did not die, the Defendant subscribed to one motor vehicle comprehensive insurance and two drivers insurance, and there was sufficient economic means to compensate the Defendant for damage. ③ The location of the instant accident occurred frequently along the two-lane road where street lamps turn on, and the vehicle traffic was frequent, and the victim was a restaurant operating in the vicinity, and it is difficult for the people to conceal the fault of the Defendant in relation to the instant accident even if the victim was killed, it is difficult to find an obvious motive for the Defendant to kill the victim.

B) The Defendant opened a driver’s seat and was used by the victim on the left rear side of the cargo vehicle.