The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (4 months of imprisonment without prison labor, one year of suspended execution, and 40 hours of lecture for compliance driving) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. Determination

A. According to our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that there is an area unique to the determination of sentencing, and the ex post facto nature of the appellate court, etc., if there is no change in the conditions of sentencing compared to the first instance court, and the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (B) The instant crime was committed by the Defendant by neglecting the duty to protect pedestrian crosswalk while driving a vehicle on behalf of the Defendant, thereby causing eight (8) attention to the victim under the age of 64, by causing the injury to the victim under the age of 64, in view of the degree of negligence, degree of injury, etc., and the Defendant’s criminal records related to traffic, such as driving a total of three times including a fine imposed for the same kind of crime

However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized the error and reflects the defendant, the victim and the defendant agreed smoothly, the defendant did not have any criminal records exceeding the fine, the defendant subscribed to a comprehensive motor vehicle insurance, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., they cannot be deemed unfair since the sentence of the court below is too una

Therefore, prosecutor's assertion is not accepted.

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