The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two years after the suspension of the execution of 10 months of imprisonment without prison labor, and forty hours during the course of compliance driving) on the gist of the grounds of appeal is deemed unreasonable.

2. The defendant has no criminal history above the suspended execution.

A vehicle operated by a defendant is covered by a comprehensive insurance, and the bereaved family of the victim does not want the punishment of the defendant in consultation with the victim.

In addition, in full view of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; the scope of recommended sentencing according to the sentencing guidelines set by the Supreme Court sentencing committee; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

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