The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneasible and unfair.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (B) Each of the instant crimes is deemed to have been driven by the Defendant while under the influence of alcohol level of 0.159% during blood alcohol level while the Defendant was driving, resulting in a traffic accident, resulting in injury to the victim, and the Defendant was punished once by a fine due to a violation of the Road Traffic Act.

However, the above circumstances were already launched in the proceedings of the oral argument by the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, and the Defendant is in depth against the Defendant, and the Defendant would not influence such a mistake again.

In full view of the following factors: (a) the victim’s injury is relatively minor; (b) the victim wants to take the front line by mutual consent with the victim; (c) the victim does not have any criminal record other than the fine imposed on the defendant; (d) the vehicle of the defendant is being covered by a comprehensive motor vehicle insurance; (e) the vehicle of the defendant is supported by the disabled and his family members; and (e) the defendant’s age, sex, criminal conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and (e) various sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, etc., the sentence of the court below is too unjustifiable and it cannot be deemed unfair

Therefore, prosecutor's assertion is not accepted.