The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment without prison labor and two years of suspended execution) is deemed to be too uneasy and unfair.

2. The fact that a serious result of the death of the victim of the instant accident occurred, the degree of negligence of the defendant, etc. is disadvantageous to the victim.

However, there are extenuating circumstances, such as the Defendant’s misunderstandings in depth and reflects the Defendant’s mistake, the fact that there was a smooth agreement with the victim’s bereaved family members in the trial, the Defendant’s vehicle was covered by a comprehensive insurance policy, and the Defendant was a primary offender who has no record of criminal punishment. Accordingly, considering all kinds of sentencing conditions, such as the traffic crime group within the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court’s sentencing committee, the traffic crime group, the traffic accident type 2 (accident of traffic accident), the special traffic accident sentencing factors (influence of punishment), the decision on the area of recommendation (influence of punishment), the scope of sentence (in April to October), the scope of sentence (influence of punishment), the scope of sentence with high power (influence of punishment), the major and critical positive factors without criminal punishment: the victim’s death, and the death of the victim, and all kinds of sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, etc.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.