All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. According to the consistent statement, etc. of the victim F, the lower court erred by misapprehending the fact that the instant traffic accident occurred due to the Defendant’s negligence, thereby finding it impossible to recognize that the said traffic accident occurred due to the Defendant’s mistake.

B. As to the punishment (the defendant and the prosecutor) sentenced by the court below, the defendant asserts that the defendant is too uneased and the prosecutor is too uneasible and unfair.

2. Determination

A. The collective opinion presented to the trial division as to the recognition of facts in the criminal trial procedure conducted in the form of a participatory trial to enhance the democratic legitimacy and trust of the judicial decision on the assertion of mistake of facts is a recommended effect to assist the judge of the trial court who has the full power over the preparation of evidence and the recognition of facts under the principle of substantial direct examination and the principle of court-oriented trials. If a jury participated in the whole process of the examination of facts, such as examination of witness, and the verdict of innocence issued by unanimous opinion as to the preparation of evidence, such as the credibility of the witness's statement, and the recognition of facts, are adopted as it is in conformity with the jury's conviction, the first instance court's judgment on the preparation of evidence and the recognition of facts, which was conducted through such procedure, need to be respected unless it appears that the new evidence examination in the appellate court is sufficiently and clearly opposite to it, in light of the purport and spirit of the principle of substantial direct examination and the principle of court-oriented trials.

(see Supreme Court Decision 2009Do14065, Mar. 25, 2010). The lower court’s trial was conducted in the form of a participatory trial, and the jurors participated in the entire process of fact-finding, such as examination of witness, and thereafter, are delivered with the unanimous decision.