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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, community service hours for 80 hours, and the participation in compliance driving for forty hours) of the lower court is deemed to be too uncomfortable and unfair.
2. The crime of this case by which the defendant did not discover the victim who was walking on the right side while driving the sofash, and shocked the victim and caused the death of the victim, so the defendant was grossly negligent, and the degree of damage is too serious.
The defendant was unable to reach an agreement with his/her bereaved family members up to the trial of the court.
However, the Defendant has no record of criminal punishment, other than twice a fine, and recognized the mistake of the instant crime, and is in violation of depth.
As the defendant's excavation period is covered by a comprehensive insurance, about KRW 137 million was paid to the victim's bereaved family members, and the defendant's bereaved family members received KRW 20 million separately.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below 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.