The prosecutor's appeal is dismissed.

1. In light of all the circumstances, such as the fact that the victim was dead due to the instant traffic accident and the degree of damage is very serious, the prosecutor of the lower court sentenced the Defendant to imprisonment without prison labor for one year (10 months without prison labor and two years suspended execution).

It is too unfortunate that it is unfair.

2. The instant crime was committed on March 26, 2012 by the Defendant: (a) driving of a truck of C Hyundai Track at a speed of 92km at a speed of 70km per hour; (b) driving a truck of C Hyundai Track at a speed of 70km per hour; and (c) driving the road to the right side from the left side of the Defendant’s running direction by taking the victim D (47 years old) who was crossing the road to the right side of the Defendant’s cargo vehicle into the front side of the Defendant’s running direction; and (d) resulting in the Defendant’s chronic death due to a frecition of a Dambus at around 23:00 on March 27, 2012. The instant accident place was caused by the Defendant’s chronic death, and the vehicle recognized without permission by the victim had already stopped at a speed of 2 lanes, followed the normal speed of the vehicle, and caused the Defendant’s death by taking account of his movement.

However, in full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, background of the instant crime, and circumstances after the crime, the sentence imposed by the lower court is adequate and too uneasible, in view of the following: (a) the Defendant appears to be against the Defendant; (b) the victim committed an error of crossinging a large signal in the vicinity of the intersection at night; and (c) the Defendant’s cargo vehicle is sufficiently secured as a cargo mutual aid association; and (d) the Defendant’s monetary compensation is sufficiently secured as the cargo vehicle is admitted to the Cargo Cooperative