The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 40 hours of order to attend a course) is too unhued and unreasonable.

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

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this point of view, the lower court determined a sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant (the fact that there was a history of having been sentenced to a fine twice due to a violation of the Road Traffic Act) such as the reason for sentencing in its judgment (the fact that there was a history of being sentenced to a fine twice due to a violation of the Road Traffic Act) and the circumstances favorable to the Defendant, such as the reason for sentencing in its judgment, and there is no special change of circumstances that could change the sentence of the lower court after the lower judgment was sentenced.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, and there is no need to impose probation.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.