The prosecutor's appeal is dismissed.

1. The sentence of the court below against the defendant [one year of imprisonment without prison labor for six months and one year of suspended execution (old imprisonment without prison labor for six months)] is too unfeasible and unfair in light of all the circumstances, including the fact that the victim's degree of injury (e.g., the degree of injury) is serious and the defendant does not make efforts to recover damage.

2. The Defendant, who drives a Map car, neglected to perform his duty of care in the front direction of the Defendant, caused the Defendant’s injury, such as 12 weeks of medical treatment, by taking the victim C, who was crossing the right from the left part of the Defendant’s driving seat of the said car, and taking about 12 weeks of medical treatment, and the victim’s injury was serious, the victim’s injury was excluded from a comprehensive insurance due to the violation of age limit conditions, and the victim’s injury was not sufficiently recovered from the comprehensive insurance, and the agreement with the victim was not reached. In light of the above, the Prosecutor’s assertion that the Defendant must punish the Defendant.

However, in full view of all other circumstances such as the Defendant’s age, character and conduct, environment, background of the instant crime and circumstances before and after the instant crime, the sentence against the Defendant is imposed by the lower court, taking into account the following circumstances: (a) the vehicle that was involved in the accident that the Defendant was in the process of committing the instant crime; (b) the Defendant was the first offender who did not have any previous criminal record except the Defendant’s protective disposition for juveniles in 209; (c) the Defendant’s age, character and conduct, and environment; and (d) the Defendant’s use of the vehicle that was subject to a limited driving agreement at the age of 20 years or older by the employer; (d) the vehicle that was excluded from the subject of comprehensive insurance; (e) the Defendant did not agree with the victim; and (e) the Defendant deposited KRW 1.90,00 for the victim in a difficult situation; and (e) the Defendant was the first offender who did not have any previous criminal record,