The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., 4 million won of a fine) of the lower court is deemed unreasonable as it is too uneasible.

2. The Defendant is an initial criminal without any criminal history, and both of his/her errors are recognized, and is in depth against his/her depth.

The fault of the victim is also significant in the cause of the accident in that the victim was coming up at a two-lane road coming from and going down without any special reason.

A reasonable insurance amount was paid to the bereaved family members of the victim through a comprehensive insurance that the defendant joined, and the defendant additionally paid a criminal agreement amounting to KRW 30 million and expressed his/her intent that the bereaved family members do not wish to punish the defendant.

This can be considered as the circumstances favorable to the defendant.

However, in that the serious consequences of the death of the victim of the instant traffic accident have occurred, the defendant's liability is not weak.

Although the location of the accident is long as street lamps, the weather at the time is clear and there was no obstacle to interfere with the view on the front side.

In that there is no skiing mark in the accident scene, the defendant seems to have operated the brake system after shocking the victim, and it is not confirmed that the defendant attempted to avoid the accident by manipulating the hand hand.

Considering these points, the defendant's negligence is also a significant part.

In addition, considering the circumstances and methods of the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, environment, etc., the sentence of the court below which sentenced the suspension of the execution of the fine to the defendant is deemed to be too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.