The prosecutor's appeal is dismissed.

The court below's sentence (ten months of imprisonment without prison labor and two years of suspended execution) against the defendant in summary of the reasons for the prosecutor's appeal is unfair.

Judgment

The crime of this case is committed by the defendant while driving a taxi, resulting in the death of the victim by shocking the victim who was crossing the road by negligence that did not properly examine the right and the right of the taxi. In light of the circumstances of the crime and the result of damage, etc., the liability for the crime is very heavy, and the defendant did not agree with his/her bereaved family members, and the circumstances unfavorable to the defendant are recognized.

However, the Defendant’s confession of the instant crime in depth reflects the Defendant’s mistake; the Defendant deposited KRW 10 million at the lower court’s trial for the victim’s bereaved family members; additionally deposited KRW 10 million in the first instance trial for the victim’s bereaved family members; the victim’s negligence was significantly contributed to the occurrence of the instant accident due to the occurrence of the traffic accident; the victim died due to brain injury caused by merger after seven months of treatment after the accident; and the victim’s death is not recognized as a direct causal relationship between the instant traffic accident and the victim’s death; under our Criminal Procedure Act, the court below’s trial-oriented principle and direct principle, there is no change in the sentencing conditions compared with the first instance trial, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the Defendant’s determination of sentencing (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).