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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.
2. The instant accident occurred due to the Defendant’s negligence, resulting in a serious result of the victim’s death.
The liability for the crime is not easy.
However, there are favorable circumstances such as the fact that the Defendant recognized the facts charged, the occurrence of the instant accident partially caused the fault of the victim who governance the crosswalk in the pedestrian stop, the vehicle is covered by a comprehensive insurance and the victim’s bereaved family members agree with the victim’s bereaved family members that the above bereaved family members are not subject to the punishment of the Defendant. However, in full view of all the sentencing conditions indicated in the records, such as the above circumstances and the impact of the instant criminal trial results on the Defendant’s occupation, status, influence on the Defendant’s occupation, sex, environment, circumstances leading to the Defendant’s crime, and the circumstances after the crime, the lower court’s punishment is deemed unreasonable.
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.