All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment for three years, the suspension of the execution of five years, the community service order 200 hours, the order to attend a compliance driving lecture 40 hours) is too unreasonable.

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

2. The judgment of the defendant is a favorable situation, such as the fact that the defendant repents and reflects his mistake, the bereaved family members do not want the punishment against the defendant by mutual consent with the bereaved family members of the victim, the payment of insurance money of KRW 70 million to the bereaved family members of the victim in the Hyundai Marine Fire Insurance Co., Ltd. which is a comprehensive automobile insurance company, and the health of the defendant is not good.

However, the crime of this case is deemed to have been committed by the defendant due to gross negligence resulting in death without taking relief measures even though it did not result in death, in light of the method of crime and degree of damage. The blood alcohol level of the defendant at the time of driving under the influence of alcohol in this case is not lower than 0.147%; the defendant had the record of being punished for the crime of drinking under the influence of alcohol in this case; the court below seems to have already taken into account such circumstances; there are no special circumstances or changes that may be newly considered in sentencing after the decision of the court below; otherwise, the defendant's age, character and behavior, environment, circumstances and result of the crime of this case; the sentencing conditions of this case; the scope of recommendations for sentencing guidelines established by the Sentencing Commission (three to five years) [the scope of recommendations] [the basic area (three years to five years after the death or injury after the death of the defendant] after traffic accident, and the defendant's assertion that the defendant and the defendant are in violation of the Act on the Punishment of Illegal Sentence is unreasonable.