2. The fact that the Defendant caused the instant traffic accident due to negligence that the Defendant failed to perform his duty of care in the front direction and caused the death of the victim is recognized.

However, in full view of the following facts: (a) the Defendant recognized the facts charged, and the victim took advantage of the road without permission at night; (b) the instant traffic accident appears to have occurred by the victim’s negligence; (c) the driving vehicle was covered by a comprehensive insurance; and (d) the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (e) all the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, etc., the sentence of the lower court is deemed unreasonable and unreasonable.

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.