The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant's act falls under the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and that the degree of the victim's injury is not minor is disadvantageous to the defendant.

However, considering the fact that the Defendant is a primary offender, the fact that the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance, the fact that the Defendant recognizes and reflects his/her mistake, and other circumstances revealed in the arguments in this case, the lower court’s punishment is too unfasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The prosecutor’s appeal of the conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio the application of the proviso of Article 2(2)2 of the judgment below to “Article 2(2)2.”