The prosecutor's appeal is dismissed.

1. Determination of the grounds for appeal of this case as to the traffic accident of this case on the death of the victim, and the result was serious, and there was no agreement between the victim and his bereaved family members up to the trial of the case, and the victim’s bereaved family members want to be punished strictly by the defendant, etc. are disadvantageous to the defendant.

However, taking account of various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family relationship, the background of the instant traffic accident, and the following circumstances, it cannot be deemed that the lower court’s imprisonment without prison labor (two years, three years of suspension of execution, 40 hours of compliance driving) is too unjustifiable and unreasonable, considering the following circumstances: (a) the Defendant has committed the instant crime (the Defendant was detained in the original court); (b) there has been no history of criminal punishment other than prior to a suspended sentence in 1981; (c) the vehicle driven by the Defendant has been subscribed to comprehensive motor vehicle insurance; and (d) the Defendant has deposited KRW 20 million for the victim’s bereaved family members.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.