The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution in the period of eight months of imprisonment without prison labor) is too unhued and unfair.

Judgment

The defendant caused an uncompeting result of the victim's death by negligence of violating the duty of bombing, which is a disadvantageous sentencing factor, such as the fact that the nature of the crime in this case is grave, and the bereaved family members of the victim still want to be punished against the defendant.

However, the traffic accident of this case is a favorable sentencing factor for the following reasons: the defendant reflects his mistake; the traffic accident of this case is shocked by the victim who walked on the right side of the lane and there is room for consideration to some extent in the process of occurrence; the defendant deposited 20 million won to the bereaved family members of the victim; and the cargo vehicle of the defendant is covered by a comprehensive insurance policy.

In addition, considering the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc. as well as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (the scope of mitigation area of ordinary traffic accident type 2 (the death of traffic accident): etc., comprehensively, the lower court’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.