The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor and two years of suspended execution) is too unfluent and unfair.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the failure is recognized and reflected, that there is considerable negligence on the occurrence of the instant traffic accident even for the victim who has loaded a bicycle, that the vehicle is covered by a comprehensive insurance, that the primary offender is the primary offender) and unfavorable circumstances (the fact that the death of the victim was caused by the negligence of the defendant, that there was no agreement with the victim's bereaved family members).

The court below's sentencing is appropriate in light of the following facts: (a) the defendant's age, career, character and conduct, environment, family relationship, motive and circumstance of the crime, means and result of the crime; (b) circumstances after the crime; and other circumstances where there are no special circumstances or changes in circumstances that make it possible for the court below to change the punishment against the defendant; and (c) the court below's sentencing cannot be deemed to have abused its discretion or exceeded its discretionary limits.

The sentencing of the court below is not unfair.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.