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 Defendant caused a traffic accident by negligence that neglected the duty of care and caused the death of the victim, and that the victim’s family members want to impose severe punishment, the Defendant’s responsibility is not somewhat weak.

B. Meanwhile, there are favorable circumstances to consider, such as the fact that the Defendant was not subject to the previous and imprisonment without prison labor, and that the Defendant led to a confession and reflect on the crime, that the Defendant’s driving vehicle is admitted to the Motor Vehicle Mutual Aid Association, and the Defendant deposited KRW 15 million for the bereaved family members of the victim.

In addition, considering the Defendant’s age, health status, family relationship, living environment, details and result of the crime, and the 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 pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However) However, Article 2(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents is clear that it is a clerical error in the “Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents” as stated in the application column of the lower judgment.