The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As a result, there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted in the trial, and in full view of all the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unfluent, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "Article 148-2 (2) 2 of the Road Traffic Act" as stated in the pertinent Article of the Act on Criminal Crimes and the part of the decision of punishment in the application of the judgment of the court below ex officio shall be corrected to