The prosecutor's appeal is dismissed.

1. The sentence of the lower court (one year of imprisonment without prison labor, two years of suspended execution, and forty hours of compliance driving) is too uneasy and unfair in light of the overall sentencing conditions in the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal is deemed to be strictly punished by the Defendant in light of the following: (a) the fact that the Defendant did not take safety measures against the broken-down cargo and caused the death of the victim by leaving the vehicle alone on the road and causing the victim to collision with the vehicle of the Defendant while driving the vehicle on the new wall; (b) the nature and circumstances of the relevant crime are not good; and (c) the victim’s bereaved family does not agree with the victim’s bereaved family; and (d) the victim’s bereaved family members want to punish the Defendant.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and has a depth divided; (b) the Defendant has no record of punishment as a same crime; (c) there is no record of punishment other than punishment by a fine; (d) the Defendant’s vehicle is covered by a comprehensive insurance policy; and (e) the Defendant’s vehicle deposited KRW 3,00,000 in the trial to recover damage; and (e) other factors of sentencing under Article 51 of the Criminal Act as indicated in the instant records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the instant records, such as the circumstances after the crime,

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