The prosecutor's appeal is dismissed.

1. The penalty (eight million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unfluent and unfair.

2. The circumstances unfavorable to the defendant are as follows.

The defendant's negligence caused a serious result of the victim's death.

The conditions favorable to the defendant shall be as follows:

The defendant is recognized to commit a crime, and his mistake is divided in depth.

A comprehensive insurance is subscribed, and the victim's bereaved family does not want the punishment of the defendant in consultation with the victim's bereaved family.

In light of the fact that a guard is installed between the sidewalk of the place where the accident occurred and the roadway, the night point at the time, the road of the five-lane from each other, the victim exceeded the diversst day, and the unauthorized crossing of the roadway of this case, the traffic accident of this case seems to have occurred due to considerable competition with the victim's negligence.

The Defendant is an initial offender who has no criminal history.

In full view of these circumstances, including the sentencing conditions and statutory penalty, the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

The prosecutor's ground of appeal cannot be accepted.

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