The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unhued and unreasonable.

2. The crime of this case is recognized that the crime of this case was committed in light of the degree of negligence, the severity of damage, and the gravity of damage, while the defendant tried to overtake the victim's vehicle beyond the center line and return the victim's vehicle to the direction of proceeding, resulting in the death of the victim.

However, in full view of the following facts: (a) the Defendant recognized the commission of the crime and went against the mistake; (b) the bus of the Defendant was subscribed to a mutual aid association; (c) the Defendant sought the victim’s wife from the victim by mutual consent with his bereaved family members; (d) the Defendant was punished twice by a fine for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (c) the Defendant had no record of criminal punishment after 2004; (d) the Defendant’s negligence of the victim driving Batoba while under the influence of alcohol overlaps with the Defendant’s negligence; and (d) the instant accident occurred due to the occurrence of the instant accident; and and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.