The prosecutor's appeal is dismissed.

1. In light of the gist of the grounds of appeal in this case, the punishment (five million won of a fine) imposed by the court below against the defendant is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed by the defendant due to his neglect of the duty of front-time care, resulting in death after receiving the elderly victims who are 74 years of age, and the degree of damage is very severe; however, it appears that the defendant's fault appears to be disadvantageous to his fault that caused the death of the victim; the victim's fault, even though the pedestrian signal of the crosswalk is red, is likely to have become a serious reason for the occurrence of the accident; the vehicle of this case is covered by the comprehensive insurance; the defendant and his bereaved family members agreed with the victim; the victim's bereaved family members do not want the punishment of the defendant; the defendant's first offender is the first offender; the defendant's situation of the occurrence of this case; the defendant's age, the defendant's environment, family relationship, etc.; and the records and arguments of this case are not unfair, and thus, the prosecutor's allegation above is without merit.

3. Therefore, 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.