The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The fact that the victim died due to the violation of the duty of care of the defendant, and the result is very serious, and that the defendant did not reach an agreement with the victim until the trial is the sentencing condition disadvantageous to the defendant.

However, since the vehicle operated by the defendant is covered by a comprehensive insurance, it seems that the bereaved family of the victim seems to have been partly damaged, the victim is standing the unauthorized crossing even though the crosswalk was in the vicinity, and the degree of violation of the defendant's duty of care is important in light of other circumstances of the accident.

In light of the fact that the defendant did not seem to have any specific criminal punishment except for the punishment of a fine imposed once due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2008, and other circumstances that form the conditions for the sentencing specified in the instant case, such as the defendant's age, sex, environment, family relationship, etc., the court below's punishment is too uneasible, and thus, the prosecutor's improper assertion of sentencing is not acceptable.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.