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 80 hours of community service order) on the gist of the grounds of appeal is too unfasible and unreasonable.

2. The Defendant, as a driver driving a truck, was required to observe laws and regulations, and to have a high duty of care for safe driving by checking well the right and the right of the road, but the negligent result of the victim’s death occurred.

However, the defendant recognized the crime and is in profoundly against it.

At the court below, the defendant paid KRW 25 million to the bereaved family members, and paid additional KRW 15 million in the trial, and agreed with the bereaved family members.

In addition to negligence on the part of the defendant who neglected his/her exclusive duty, there was negligence under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

It does not seem that it does not appear.

Defendant

Since the vehicles are insured by the Korean Trucking Insurance Association, it seems that the victims' bereaved family members are expected to recover certain parts of damage.

The defendant has no record of criminal punishment except for the previous conviction of a fine of up to 500,000 won for a violation of road law.

In addition, in full view of all other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the court below’s sentence cannot be deemed to be unfair because it is too low, and thus, the prosecutor’s improper assertion of sentencing is rejected.

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.