The prosecutor's appeal is dismissed.

1. The sentencing of the court below (10 months of imprisonment without prison labor and 2 years of suspended execution) is too unhued and unfair.

2. Determination

A. In light of the fact that the instant crime caused the death of the victim by the negligence of driving the Defendant by neglecting his/her duty at the intersection, resulting in the collision with the victim's driver's error, and that the bereaved family members of the victim want to be punished by the severe punishment of the Defendant, the Defendant's responsibility is not weak.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to previous punishment and sentence, and that the Defendant is in profoundly against the victim’s depth while making a confession of the crime. The instant accident is difficult to readily conclude that there was no negligence on the part of the victim due to an accident that occurred due to the shock of the Defendant’s vehicle at the intersection, Defendant’s driving vehicle is covered by a comprehensive automobile insurance, and Defendant deposited KRW 30 million for the victim’s bereaved family members.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The prosecutor's appeal of conclusion 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.