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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law-abiding driving lecture 40 hours) is too uneasible and unfair.
2. Determination
A. According to the Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that the sentencing exists in the appellate court’s ex post facto and in light of the nature of the appellate court, it is reasonable to respect the first-oriented sentencing in a case where there is no change in the conditions of sentencing compared to the first-class trial, and the first-class sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed without any measures taken by the Defendant while driving a vehicle under the influence of alcohol concentration of 0.09% while driving the vehicle while under the influence of alcohol level of 0.09%, and thus, the crime is not very good, and it is recognized that the damaged vehicle was less damaged than the extent of damage caused.
However, the above circumstances were already launched during the oral argument 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 recognized a mistake and reflects the defendant, the degree of injury of the victims is relatively minor, the victims agreed with the victim, there is no record of criminal punishment, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence, etc., and the circumstances after the crime were committed, it cannot be deemed unfair since the sentence of the court below is too small.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor’s appeal is without merit and thus, pursuant to Article 364(4) of the Criminal Procedure Act.