The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Determination of the instant accident results in the death of the victim, and the fact that the Defendant was unable to receive a letter from the bereaved family members is disadvantageous.

However, the occurrence of the instant accident is not only the negligence of the defendant, but also the negligence of the victim. Rather, the negligence of the victim seems to be greater than the negligence of the defendant, the vehicle of the defendant is covered by the comprehensive automobile insurance, and the defendant has no previous conviction in addition to one fine.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentence is not deemed unfair and unfair.

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.