The prosecutor's appeal is dismissed.

1. The lower court’s scope of the trial on the grounds that the Defendant’s driving of drinking alcohol among the facts charged in the instant case was found not guilty and the remainder of the facts charged was found guilty, and the portion of innocence not appealed by the prosecutor only through appeal as to the guilty portion is separate and finalized upon the lapse of the appeal period. Thus, the lower court’s judgment should be tried only for the guilty portion among the judgment below

2. The decision of the court below on the gist of the grounds for appeal is unfair because it is too unfasible to the extent that the sentence imposed by the court below is too unfased (the 2 years of suspended execution in April, and the 2 million won of fine in violation of the Road Traffic Act (the 2 million won of fine)

3. The judgment of the defendant neglected his duty of care in the front time, resulting in the death of the victim by causing the instant traffic accident, and the driving without a license for the long time has not been taken place, and the quality of the crime is not exceptionally considered.

On the other hand, it was difficult for the Defendant to easily predict that there was a pedestrian from the standpoint of the Defendant who was in operation on the two-lanes, such as the fact that the Defendant was fully aware of each of the instant crimes, that there was no penalty other than that punished by a fine for drinking driving, that the vehicle involved in the accident was covered by the comprehensive motor vehicle insurance, that the vehicle involved in the accident was at night and there was almost no light in the surrounding area, and the victim was placed in the two-lanes and the three-lanes, and the victim was able to wear clothes in the color kept between the two-lanes and the three-lanes, and that it was difficult for the Defendant to easily predict that there was a pedestrian from the standpoint of the Defendant who was in operation on the two-lanes, and that it was difficult to predict that there was a pedestrian from the standpoint of the victim who was in operation on the other side.

In addition, when comprehensively considering all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is not deemed to be too uneasible and unfair.

Therefore, the prosecutor's status.