The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment without prison labor, two years of suspended execution, two years of probation, community service, 120 hours) is too unhued and unreasonable.

Judgment

The defendant's van who is driving in violation of the signal at the intersection and caused the death of the victim who crosses the crosswalk according to the pedestrian signal. The defendant's negligence on the occurrence of the accident is serious and damage caused by the accident is disadvantageous.

However, in full view of the favorable circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., and the recommended range of sentencing guidelines (the imprisonment without prison labor between August and June) in the records of this case, it cannot be deemed unfair because the court below's punishment is too unreasonable, considering the following: (a) the defendant's payment of KRW 28 million to the bereaved family members; (b) the defendant's vehicle was insured by the chartered bus mutual aid association; (c) the defendant's vehicle was at night at the time of the accident; (d) the defendant's health was not good; and (e) there was no record of punishment for the same crime for about 40 years; and (e) other favorable circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.