The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended sentence of 2 years, the fine of 200,000 won, the community service order of 240 hours and the order of 40 hours) declared by the court below is too unfasible and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court shall respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this perspective, it is recognized that: (a) the Defendant, while driving a truck under the influence of alcohol, caused a traffic accident; and (b) the victims suffered serious injury (if so, 8 weeks, 6 weeks); (c) the Defendant had the penalty power for driving under the influence of alcohol twice; and (d) the Defendant did not agree with the victims.

However, the punishment power of the defendant due to the above drunk driving is more than 10 years, and there is no penalty power exceeding the fine of the defendant, the blood alcohol concentration of the defendant is not higher than 0.051% (in 0.05%, the punishment standard at the time of the case), the accident vehicle is covered by cargo deduction, the victim E received medical expenses and agreed money and reached a civil agreement with G after the decision of the court below, and the victim D seems to be able to receive reasonable compensation since it continues to file a civil lawsuit against theO, and it is not recognized that the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., as well as the various sentencing conditions indicated in the arguments of this case, such as the circumstances after the crime, etc., even if examining the various sentencing conditions stated in the arguments of this case, it is not recognized that the sentence imposed by the court below is too unfasible and it exceeded

3. Accordingly, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that it is not reasonable, but 'B Mt 3.5 tons of crime in the judgment below.