The prosecutor's appeal is dismissed.

1. The grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the 40 hours of compliance driving) is too uneased and unreasonable.

2. According to the arguments and records of the instant case, the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal 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, the part of the judgment below regarding “criminal records” in the judgment below was ordered to take a summary order of KRW 4 million on December 7, 2007 by the Seoul Eastern District Court due to a crime of violating Road Traffic Act (driving). On July 8, 201, the court received a summary order of KRW 5 million due to the same crime.

In addition, Article 38(1)2 of the judgment of the court below is amended as “Article 38(1)4 of the Act on the Aggravation of Concurrent Crimes” (Article 38(1)4 of the judgment of the court below, and each correction is made as “Article 38(1)2 and (2).”