The appeal by the prosecutor is dismissed.

Summary of Grounds for Appeal

(F) The sentence of the original judgment (6 months of imprisonment without prison labor, 2 years of suspended execution) is too unfortunate and unfair.

Judgment

The instant traffic accident is a normal situation where the Defendant’s failure to properly conduct the front speed during driving of the trucking vehicle, which led to the death of the victim, which led to the death of the victim, such as the fact that the relevant crime is heavy, and that there is no agreement with the bereaved family members.

However, there are extenuating circumstances such as the Defendant’s mistake and behavior, environment, motive, means and consequence of the instant traffic accident, and the negligence of the victim without permission seems to have contributed to a certain degree of the occurrence of the instant traffic accident. The freight vehicle operated by the Defendant is covered by the comprehensive automobile insurance, the Defendant deposited KRW 7 million for the bereaved family of the victim, and the Defendant was an initial offender who has no record of criminal punishment. In full view of all other sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the instant traffic accident, it is not recognized that the sentence of the lower court is too unreasonable.

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 groundless. It is so decided as per Disposition.