All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is in depth against the crime of this case.

Since the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, it seems that the victim's bereaved family members are able to receive compensation to some extent.

There is no record of punishment beyond a fine.

On the other hand, the following is disadvantageous.

The Defendant, while driving under the influence of alcohol level 0.267% in blood, caused the instant traffic accident.

The instant traffic accident resulted in the victim’s death, and the bereaved family did not receive a letter of suspicion from the bereaved family members.

The Defendant had been punished twice due to drinking, and was punished for drinking in a relatively recent 2015.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.