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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (four years of imprisonment) is deemed to be too unhued and unfair.
2. The prosecutor's assertion that it is necessary to punish the defendant strictly is reasonable in light of the following: (a) the crime of this case results in the death of the victim; (b) the victim and his/her bereaved family members suffered from the chilling damage; (c) there is no agreement with the victim's bereaved family members; (d) the defendant did not reach an agreement with the victim's bereaved family members; and (e) the defendant appears to have prices several times with considerable force; and (e) the bereaved family members of the victim want to punish the defendant.
However, considering the following facts: (a) the Defendant recognized the Defendant’s mistake; (b) the Defendant was under the influence of alcohol to walk his/her own motor vehicle; (c) the Defendant committed the instant crime somewhat contingent; (d) the Defendant deposited a certain amount of money to the victim’s bereaved family members; and (e) the Defendant was punished as an act of violence, although all of the Defendant had long past criminal records, it is difficult to view the lower court’s sentencing, which is within the scope of recommended punishment (three to five years of imprisonment) according to the sentencing guidelines of the Sentencing Committee, is too unjustifiable to the extent that it can be reversed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.