The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended execution, one hundred and sixty hours of community service, and forty hours of compliance driving curriculum) is too uncomfortable and unfair;

2. The instant crime is deemed to result in the death of the victim by taking advantage of the vehicle driven by the victim who was driven by the center line in the opposite direction while driving a motor vehicle under the influence of 0.216% of the blood alcohol concentration. In light of the blood alcohol concentration at the time of driving, degree of breach of duty of care, result of the crime, etc., it is necessary to strictly punish the victim due to bad quality.

However, the court below made efforts to recover damage, such as deposit of KRW 10 million for the victim's bereaved family members from the court below, and the victim's bereaved family members and the victim's bereaved family members have reached the first instance trial, and the defendant seems to have seriously reflected his wrongness during the period of three months of confinement due to traffic accident, and there are no other criminal records other than fines, and other various circumstances, including the defendant's occupation, environment, motive and background leading up to the instant crime, method and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the prosecutor's assertion is without merit, and thus, it is not recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

[However, according to Article 25 (1) of the Rules on Criminal Procedure, the part regarding probation and community service order of the 13th "1. Probation and community service order" is corrected to "1. Order of community service and community service order" under Article 25 (3) of the Rules