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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the community service order 80 hours, the order to attend a law enforcement lecture) 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 sentencing, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (B) Each of the instant crimes committed by the Defendant is driving under the influence of 0.245% alcohol concentration in blood, and thereby, the Defendant sustained injury to the victim by causing a traffic accident due to the negligence of the central line, the nature of the crime is not good, and the victim wants to punish the Defendant.
However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant's mistake and reflects the defendant, the defendant's vehicle was subscribed to the comprehensive automobile insurance, the defendant's deposit of KRW 300,000 against the victim, the victim's injury level is relatively minor, the defendant did not have any criminal record exceeding the same criminal record or fine, the defendant did not have any criminal record, and the defendant's age, sex, sex, environment, means and consequence of the crime, and the circumstances after the crime were committed, it does not seem that the court below's punishment is too unjustifiable and unfair.
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 ordered.