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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below (one year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service) is too unfluent and unreasonable.
2. The result of the instant traffic accident, which led to the death of the victim, was published, and the bereaved family members of the victim want the punishment of the defendant.
However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unfeasible and is not recognized as unfair, in view of the following: (a) the Defendant is against the charge; (b) the first offender; (c) the vehicle driven by the Defendant is covered by a comprehensive insurance policy; (d) the Defendant deposited KRW 10 million for the bereaved family members of the victim; and
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.