The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The instant crime committed by the Defendant is under drinking alcohol level of 0.161%.

Considering the fact that a victim crossing the road runs away without taking relief measures and causing the death of the victim, the nature of the crime is very heavy in light of the content and result of the crime, and the defendant commits the crime of this case even though he/she had the history of criminal punishment due to a traffic accident during drunk driving or drunk driving, it is necessary to strictly punish the defendant.

However, the defendant led to the confession of the crime of this case, and the time of the accident of this case was difficult to take place prior to sunrise. The negligence of the victim who illegally crossed the road at the same time seems to have caused the traffic accident of this case, the defendant's direct report to the defendant 119 after getting out of the accident, and the defendant made an agreement with the victim's bereaved family members, etc. It is also recognized that the circumstances favorable to the defendant such as the above circumstances and all other sentencing conditions in the argument of this case, such as the defendant's age, character and behavior, family environment, etc., are considered to be unfair.

Therefore, prosecutor's assertion is not accepted.

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