The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the punishment sentenced by the court below (one year of suspended execution in April of the safe) is too unfluent and unfair.

2. The instant crime resulted in a serious consequence that could not be complied with by the victim’s death.

The defendant was unable to reach an agreement with his/her bereaved family members until this Court.

The above is the circumstances unfavorable to the defendant.

On the other hand, the criminal time of the instant case was difficult to move around April 2, 2017, around 19:43, and the victim was in the state of clothes in the open color, and it was set up on the road of the six-lane line, while under the influence of alcohol.

The defendant was under duty to observe and drive traffic regulations.

As such, there are considerable circumstances to consider the circumstances leading to the Defendant to commit the instant crime.

Under the liability insurance policy, the bereaved family members of the victim were paid KRW 57.6 million from the insurance company.

The above is the circumstances favorable to the defendant.

As above, with the factors of sentencing unfavorable or favorable to the defendant, various conditions of sentencing specified in the argument in this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, as well as the scope of the recommended sentence presented by the Sentencing Board of the Supreme Court (the imprisonment without prison labor for April to one year, and in this case, one negative reference reason (the "in the event of death or serious injury" (the "in the event of death or serious injury"), and one positive reference reason (the "in the event of a death or serious injury"), and one positive reference reason (the "in the event of a death or serious injury"), and there are no special reason of the "in the event of a traffic accident or the expansion of damage").

1. Standard of punishment and sentence (decision of type) for traffic accidents: General traffic accidents [Class 2] for the death of a traffic accident (special-speed person]: When the victim has a substantial fault in the occurrence of a traffic accident or the expansion of damage.