The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court on the summary of the grounds of appeal (two years of suspended sentence in October and forty hours of lecture attendance order in compliance driving) is deemed too uneasy and unreasonable.

2. The defendant's act of causing a traffic accident while normal driving is difficult due to influence of drinking, resulting in the death of the victim. This provision shall not apply to such crime that is minor;

However, if the court below comprehensively takes into account the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that the defendant has no record of being punished for traffic-related crimes since 2005, that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, that the victim's bereaved family members do not want the punishment of the defendant, and that the victim's bereaved family members submitted a written application seeking the preference, etc., and all of the sentencing conditions in the instant case, including the defendant's age, sex behavior, environment, motive for the crime, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.