The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The instant crime is committed by the Defendant while under the influence of alcohol 0.124% in blood, and is deemed to have poor quality of the crime.

On December 8, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Punishment of Violences, etc. Act (joint injury) and was sentenced to a suspended sentence of two years on December 16, 2016, and the judgment became final and conclusive on December 16, 2016, and committed the instant crime without being aware of it during the suspended sentence.

The defendant has been subject to suspended execution once and two times of fine due to traffic crimes.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant agreed with the victim in distress and the victim in the investigation stage, and the victim in distress submitted a written statement that the victim does not want the punishment of the defendant at the court below.

The sentencing criteria are not set for the crimes of violation of the Road Traffic Act (driving) and the crimes of violation of the Road Traffic Act due to bad driving, which are shown in the present arguments and records, such as the defendant's age, character and behavior environment including the above unfavorable circumstances, the relation with the victim, the motive of the crime, the result of the crime, and the circumstances after the crime.

(2) In light of the above, the sentence imposed by the court below is beyond the discretion of sentencing.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.