The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, two years and six months of suspended execution, the community service order 120 hours, and 40 hours of order to attend a compliance driving lecture) is too uneased and unreasonable.

2. In a case where 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, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

In light of the Defendant’s blood alcohol concentration at 0.208%, and the circumstances and results of the occurrence of the traffic accident, the Defendant’s unfavorable circumstances, such as bad criminal quality, including favorable circumstances, such as having no record of criminal punishment, and the fact that there was no record of criminal punishment, and the reasons for sentencing of the lower judgment, even if considering all of the circumstances alleged by the Prosecutor as the grounds for appeal, it cannot be deemed that the lower court’s sentence is unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

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