The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor and two years of suspended execution) is too unfluent and unfair.

2. The instant crime committed by the Defendant, while driving a taxi, resulting in the death of the victim due to a traffic accident by negligence in the course of his/her duty, and the nature and circumstances of the relevant crime are not less severe, and the Defendant was punished by a fine of KRW 500,000,000 for the same criminal record in 2010.

However, the Defendant’s mistake is divided in depth, and the Defendant was driven in accordance with the normal progress signal at the time of the instant accident. The time of the instant accident occurred is night, and it seems not easy for the Defendant to find out the Defendant, who was a fast walking of the instant road due to the driver’s headlights, etc. of the vehicles going on the opposite side at the time. Although the location of the accident occurred near the crosswalk, the fault of the victim, who illegally crossed the instant road in the instant road in the pedestrian stop new line, also caused considerable cause for the instant accident. Although the Defendant did not reach an agreement with the victim’s bereaved family members, the taxi of the Defendant was admitted to the mutual aid association, but the Defendant’s taxi did not reach an agreement with the victim’s bereaved family members, and deposited KRW 5 million for the bereaved family members, and the Defendant did not have any other criminal history other than the aforementioned force, and considering all the sentencing conditions in the instant case’s pleading, such as the Defendant’s age, character, environment, motive and circumstance leading to the instant crime, etc., the Defendant’s allegation cannot be accepted.

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.