The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. As a result of the instant case, there was a serious consequence that the victim lost his valuable life; however, the Defendant’s mistake is seriously against the Defendant; at night, the victim was walking along the two-lane national highways of national highways without street lamps; the Defendant could have been unlikely to avoid the accident because he anticipated such circumstances; the Defendant is covered by a comprehensive insurance; and the victim’s bereaved family members do not want punishment against the Defendant; and other favorable circumstances such as the Defendant’s age, sex behavior, environment, family relationship, circumstances after the crime, and circumstances after the crime, etc., the sentence of the lower court does not seem to be unfair as it is too uneasible.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.