The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unfluent and unfair.

2. The crime of this case is one of the cases where the defendant, while driving a vehicle at the time, was shocked by the damaged person of 7 years of age at the time, resulting in the death of the victim, and the victim's bereaved family seems to have been in the top of the token, etc., and the crime and the crime of this case are heavy.

However, it is reasonable to respect the Defendant’s crime of this case; the vehicle driven at the time was covered by a comprehensive insurance; the victim’s bereaved family members and the Defendant agreed to do so; the Defendant was the first offender who has no record of punishment; the Defendant supports two children alone; there are no special circumstances or changes in circumstances to be newly considered in the trial; compared to the lower court, there is no change in the conditions of sentencing or there is no change in the sentencing conditions compared with the lower court’s judgment; and the sentencing of the lower court is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, environment, sex, motive for the crime, and the circumstances before and after the crime, etc., it cannot be deemed that the lower court’s punishment is unfair because it is too unfeasible.

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