The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. On the other hand, in a case where a defendant driving a stroke, caused a traffic accident by breaking the center line, and the victim suffers a serious injury of 12 weeks prior to driving, the responsibility for such crime shall not be minor;

However, in full view of all the sentencing conditions indicated in the record, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence of the lower court is too unfeasible and unfair, in light of the following: (a) the victim was under agreement with the victim and the victim did not want to punish the Defendant; (b) the vehicle is covered by the automobile comprehensive insurance; and (c) the Defendant was the primary offender; and (d) the Defendant’s age, sex, environment, occupation, and conditions

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