The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two years of suspended execution in August, and eight hours of community service order) is deemed to be too unfortunate and unfair.

2. The judgment of the court below is recognized as having caused a serious result of the death of the victim of the instant accident, but the defendant has no record of punishment prior to the instant accident; the defendant deposited part of the amount of damage for the bereaved family of the victim; the defendant subscribed to a comprehensive motor vehicle insurance contract and agreed between the insurance company and the bereaved family of the victim; the situation where the victim was towing a flood in the opposite part to the direction of the vehicle driving at the new wall that the victim left would have an impact on the accident; and other factors such as the defendant's age, character and behavior, environment, and motive and circumstance leading to the instant crime, etc., the prosecutor's assertion 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.