The prosecutor's appeal is dismissed.

1. The lower court’s punishment (two months of imprisonment and two years of suspended execution, and one hundred and twenty hours of community service order) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the sentencing conditions asserted by a prosecutor, there is a need to punish the Defendant strictly, but all such circumstances were presented at the lower court.

In addition to all the circumstances unfavorable to the defendant, the court below judged that the defendant was sentenced to the punishment of the defendant by taking full account of the fact that there is no history of criminal punishment exceeding the fine, the degree of the victim's injury is minor and the compensation for

There is no new circumstance to consider sentencing after the sentence of the lower judgment, and considering all the sentencing conditions as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act" in the second and third acts of the court below's decision shall be changed to the "the point of taking measures after the accident under Articles 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Article 3 of the Road Traffic Act shall be deleted.