All appeals filed by the prosecutor against the Defendants are dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 10 million is imposed on Defendant A, and a fine of KRW 7 million on Defendant B) is too uneased and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness of the relevant legal principles, has the inherent area of the first deliberation as to the determination of sentencing, and the fact that the court of appeal ex post facto in the appellate trial, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared to the first instance trial, and where the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) Where Defendant A caused the instant traffic accident by negligence that the Defendant neglected his/her duty at the front time, thereby causing the death of the victim. It is recognized that the criminal liability of the Defendant is grave.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, and the Defendant’s bereaved family members agree with the victim’s bereaved family members, and the vehicle driven by the Defendant is covered by a comprehensive insurance, the vehicle operating by the Defendant is a primary offender with no criminal record, support for his family members, and other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sex behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion on this part is not accepted.

(c)

Defendant

B caused the instant traffic accident by negligence that the defendant neglected his/her duty at the time of the transfer to another person, thereby causing the death of the victim. It is recognized that the criminal liability of the defendant is grave.

However, the above circumstances are as follows.