The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of KRW 10 million) is too unhued and unreasonable.

Judgment

The defendant did not turn on the direction direction, etc. at night and caused the result of the victim's death due to the negligence that the defendant driven by the care of the victim while making a telephone conversation. The nature of the crime of this case is heavy.

However, considering the following factors: (a) the Defendant’s mistake recognized by himself/herself, which is against the depth of the Defendant; (b) the Defendant’s primary offender without any previous conviction; (c) the Defendant’s vehicle is covered by comprehensive insurance; and (d) the victim’s negligence, which did not wear any protective gear while operating a motor bicycle without a license, appears to have caused the expansion of damage; and (d) other factors for sentencing, such as the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, are considered as a favorable factor for sentencing; and (e) the Prosecutor’s argument is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.