The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, a suspended sentence of two years, and a 200-hour community service order and an order to attend a law-abiding lecture for 40 hours) that the court below sentenced the defendant is too uneasible and unreasonable.

2. On February 4, 2009, the Defendant again committed the instant crime even though he had the record of being notified of a summary order of KRW 1 million due to drunk driving at the Incheon District Court. The instant crime is acknowledged as follows: (a) the Defendant, while driving in a state of drinking alcohol concentration of 0.208%, was causing a traffic accident due to the negligence of the central line, causing a traffic accident to the victim for about six weeks of medical treatment; and (b) the Defendant did not reach an agreement with the victim until now.

However, there is no specific criminal record except the suspension of indictment for violating the Punishment of Violence, etc. Act (joint assault) at the Incheon District Public Prosecutor's Office on October 31, 2008, when the defendant led to the confession of the crime of this case and scrapping of the motor vehicle of this case owned by the defendant after the crime of this case, etc. The defendant's mistake is divided in depth, such as scrapping of the motor vehicle of this case, and since the motor vehicle of this case driven by the defendant is covered by the comprehensive motor vehicle insurance, the damage recovery of the victim seems to be considerably possible. As seen above, there is no specific criminal record other than the suspension of indictment for the violation of the Act on the Punishment of Violence, etc. (joint assault) at the Incheon Public Prosecutor's Office on October 31, 2008, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc., and the sentencing range of the court below's sentencing guidelines according to the sentencing guidelines.