All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (10 months) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, the appellate court shall respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). From such perspective, it is not recognized that the sentence imposed by the lower court is deemed appropriate in light of the following factors: (a) there is no special change in circumstances favorable to the Defendant; (b) there is no change in circumstances that may change the sentence of the lower court after the sentence of the lower court was rendered; and (c) there are other factors that the Defendant’s age, sex, sex, environment, motive, background, means, and consequence of the crime; and (d) the circumstances after the crime, etc. were examined, the sentence imposed by the lower court is too heavy or too low, and thus, exceeds the reasonable scope of discretion.

D. Unfavorable circumstances: The defendant's negligence is serious in the accident of this case, such as that the defendant's neglect of the situation at the front time, and the victim crossing the crosswalk is shocked.

Due to the instant accident, the victim died.

The victim's bereaved family member could not receive a letter from the victim's bereaved family member, and the victim's bereaved family member want a severe punishment against the defendant.

The defendant has the ability to punish him/her due to drinking.

The favorable circumstances shows the attitude of the defendant to reflect by recognizing his mistake.

Since the accident vehicle is covered by mandatory insurance, it seems that 91,940,000 won is paid to the victim.

The driving force of drinking is punished by a fine for a fine in 2008, and the defendant has no record of punishment exceeding the punishment or fine due to a traffic accident.

3. Conclusion.