The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) the lower court’s sentence (five million won in penalty) is too unfilled and unfair (the prosecutor expressed his opinion that the Defendant ought to be placed at his/her imprisonment without labor for one year). (b) On February 2, 197, the lower court determined that the Defendant was guilty of failing to safely drive the vehicle and the Defendant’s death.

However, as stated in the judgment of the court below, it is hard to see that the defendant's vehicle was cut off with a new wall at the time of the accident, and the light was set off on the surface, and the victim was not well seen earlier, the victim is also responsible for the occurrence of the accident even in the center of the separation unit while going to cross the road at the time of the accident without permission. The defendant deposited KRW 25 million for the victims although it did not reach an agreement with the bereaved family members, the defendant deposited KRW 25 million for the bereaved family members. The defendant was the first offender who had no record of criminal punishment near the age of 70; the vehicle of the defendant was covered by the comprehensive insurance; the damage recovery was done to a certain extent; the defendant's age, sex, environment, motive and means of the crime; and the result of the crime; and the circumstances after the crime, etc., it cannot be deemed that the defendant's punishment imposed by the court below is too uneasable.

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