The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the two-year suspension of the execution of one-year imprisonment and the forty-hour suspension of one-year driving instruction) is too uneased and unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

1. A favorable normal situation: A victim's bereaved family member does not want the punishment of the defendant, and the victim's bereaved family member wants to take the action.

② In light of the fact that the instant road is three laness, that is night at the time, and that the Defendant driven by green signals, the victim’s unauthorized crossing seems to have caused the instant accident.

(3) The defendant is able to repent his mistake.

1. Unfavorable circumstances: ① When the Defendant was under the influence of alcohol and neglected to do so, the victim's death was caused by negligence. ② The Defendant was punished three times due to drinking, but was under the influence of alcohol again.

(3) The drinking volume is relatively high.

In light of the following: (a) there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the first instance court; and (b) other factors and statutory penalty, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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.