Defendant

All appeals by prosecutors are dismissed.

The summary of the grounds for appeal by the defendant is that the punishment (10 months of imprisonment without prison labor, 2 years of suspended execution, 160 hours of community service order) imposed by the court below is too unreasonable, and against this, the summary of the grounds for appeal by the prosecutor is that the punishment imposed by the court below is too uneasible and unfair.

Therefore, it is true that there is a need to punish the defendant more strictly in light of the following: (a) the victim E dies due to the defendant's occupational negligence; (b) the suffering of children who have lost father appears to be very female; and (c) the defendant's attitude after the accident of this case does not seem to have been divided into a serious mind to the bereaved family members; and (d) the defendant's attitude seems to have become a superior situation after the accident of this case.

However, with respect to the fact that the serious result of the defendant's death occurred, the defendant's mistake is divided, the degree of violation of the defendant's duty of care does not seem to be serious, and the victim's negligence seems to be a considerable cause, the defendant's negligence also appears to have occurred, and the defendant's total deposit of eight million won for the victim's bereaved family members, the defendant's age in need of the support of the defendant's children, and the defendant's age in need of the support is not only the defendant's children, but also the defendant has no criminal power within the past ten years, the court below has already determined the punishment in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the sentence of the court below, and there are no other special circumstances or circumstances that can be newly considered in the sentencing after the sentence of the court below.