2. Determination of the instant accident results in the victim’s death, and disadvantageous circumstances such as the victim’s bereaved family members wishing to punish the Defendant.

However, the instant accident occurred when the victim illegally crosss the national highway of the fourth line which is set up as a central separation cost at night, and thus, the victim's negligence is considerable in the occurrence of the accident. In particular, there is no streetlight in the accident place and it is difficult to expect that pedestrians will cross the road without permission. The Defendant's mistake is against himself, and there is no criminal record except for the Defendant's punishment, and the Defendant's vehicle has been punished by a fine for gambling, and the Defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the insurance money has been paid to the victim's bereaved family members, in full view of other favorable circumstances such as the Defendant's age, character and behavior, environment, the circumstance of the instant accident, and the circumstances before and after the accident, etc., the lower court's punishment cannot be deemed to be unfair because it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.