The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the punishment of 10 months, 2 years of suspended execution, and 120 hours of community service order, which the court below sentenced, is too uneasible.

2. The instant crime committed is driving without properly checking the Defendant’s vehicle.

타이어에서 바람이 빠지며 균형을 잃고 중앙분리대를 충격함으로써 차량에서 튕겨져 나간 피해자를 사망케 한 것으로서 피고인의 과실 및 피해정도를 고려할 때 피고인의 죄책이 상당히 무겁다 할 것인 점, 피고인에게 동종 범죄로 벌금형을 선고받은 전력이 있는 점, 피고인이 피해자의 유족들과 합의하지 못하여 위 유족들이 피고인의 엄벌을 탄원하는 점은 인정된다.

However, if the death of the victim was caused by the gross negligence of the defendant as well as the negligence of the second perpetrator who was employed on the road seems to have partly affected the victim, the defendant paid KRW 15 million to the bereaved family of the victim through a comprehensive insurance signed by the defendant, and the defendant also deposited KRW 30 million for the above bereaved family members, the defendant's age, character and behavior, environment, circumstances leading up to the defendant's crime of this case, means and result, and circumstances before and after the crime of this case, and other various sentencing conditions under Article 51 of the Criminal Act stated in the records of this case, such as the defendant's age, character and behavior, circumstance leading up to the crime of this case, means and result, etc., the court below's punishment is judged to be appropriate, and the prosecutor's allegation of unfair sentencing is not recognized to be unfair because it is too uneasible.

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.