The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service work 120 hours, the order to attend a compliance driving 40 hours) that the court below sentenced is too uneasible and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of appeal ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) It is recognized that the Defendant driving a drinking alcohol to cause the instant traffic accident; (c) the nature of the instant crime is not good; and (d) the victim injured by the instant traffic accident is four persons.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment; the degree of injury suffered by the victims due to the instant traffic accident is relatively minor; the vehicle operated by the Defendant is covered by a comprehensive insurance policy; there was no record of punishment exceeding the amount of punishment or fine imposed for the same kind of crime; and other various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s age, sex, conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and the circumstances after the crime, etc., do not seem to be unfair since the lower court’s punishment is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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