2. The instant accident occurred by the Defendant’s negligence, resulting in a serious result of the victim’s death.

However, in full view of the following factors: (a) the Defendant is the primary offender; (b) the occurrence of the instant accident appears to have caused considerable fault of the victim; (c) driving vehicles are covered by a comprehensive motor vehicle insurance; and (d) the Defendant’s bereaved family members are not subject to the Defendant’s punishment by mutual consent with the victim’s bereaved family members; and (c) other factors of sentencing indicated in the record, such as the Defendant’s age, sex, occupation, environment, circumstances leading to the Defendant’s crime; and (d) circumstances after the commission of the crime

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