The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment without prison labor and two years of suspended execution) is too unhued and unfair.

2. The judgment of the defendant caused the instant accident by negligence while driving a vehicle at a speed of about 73 km per hour exceeding 60 km per hour at night, due to the fact that the instant accident resulted in the death of the victim and the result that it cannot be complied with, and that it did not reach an agreement with the bereaved family members of the victim is disadvantageous to the defendant.

However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant confessions the facts of the crime and reflects the fact, the vehicle operated by the defendant is subscribed to the motor vehicle comprehensive insurance, and the victim's bereaved family members are separately deposited in the original court, the 30 million won was deposited in the original court, the 14 million won was deposited in the first instance court, and the 3 times of a fine, and there

In addition, according to the circumstances of the accident in this case, the victim was involved in the accident while getting on the tourist bus and getting on the way to go on the right side of the national road near the new intersection road, which is a two-lane road, and there was no central line for the above advancement road, and there was only a narrow side length on the side of the roadway.

At the time of the accident, the victim was walking along the right side of the roadway and the victim was facing the defendant's vehicle while trying to see the light of the defendant's vehicle to the left side while walking on the roadway. In light of the above circumstances of the accident, the victim's negligence seems to have a significant impact on the occurrence of the accident in this case and the expansion of damage.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records and pleadings of this case.