2. The judgment of the Defendant neglected the duty of care and caution, etc. caused a traffic accident, resulting in the death of the victim, and the degree of negligence is minor, and the result is very serious.

However, the defendant shows the form of recognizing and reflecting the crime, and endeavored to recover damage by mutual consent with the bereaved family members of the victim.

The Defendant is an initial offender who has no criminal record.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.

Therefore, prosecutor's assertion is not accepted.

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