The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although a traffic accident occurred due to Defendant’s drunk driving, the “serious injury” did not occur, and the victims and victims are not subject to punishment by mutual consent.

In addition, in full view of all the conditions of the arguments and the records of the instant case, including the details and contents of the instant crime, drinking volume, Defendant’s same criminal records (one time, fine of KRW 5 million), and circumstances after the commission of the instant crime, etc., it is not recognized that the sentencing of the lower court, which sentenced the Defendant to a 3-year suspended sentence (3 years of probation, community service, 120 hours, and 40 hours during the compliance officer), was too unobcing and exceeding the reasonable scope of discretion.

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.