The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The following facts are established: (a) the Defendant committed the instant crime during the period of suspension of execution; (b) the Defendant was sentenced to a fine due to driving under drinking alcohol in around 2008; and (c) the occurrence of the instant traffic accident due to gross negligence that neglected the duty to protect pedestrians in the crosswalk in the state of drinking; (b) however, the Defendant recognized his/her mistake and reflects the crime; (c) the victim expressed his/her intention not to punish the Defendant; (d) the degree of injury the victim suffered is minor; (c) there is no change in circumstances or circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment; and (d) other sentencing circumstances such as Defendant’s age, sex behavior, family relationship, motive, means and consequence of the crime; and (e) there is no other special circumstance or circumstance that newly considered in sentencing after the pronouncement of the lower judgment; and therefore

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