2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant shocked a victim who was unauthorized crossing and caused death, and the Defendant’s excessive speed exceeds the limit at the time, and the result of the victim’s death occurred.

On the other hand, this case is a situation favorable to the defendant, such as the fact that the victim's negligence has occurred while crossing without permission, that the defendant repents the crime of this case and reflects the wrongness, and that the victim's bereaved family does not want the punishment.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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.