The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) in light of the fact that the Defendant was under the influence of alcohol and sustained injury to the victim while driving a motor vehicle while having difficulty in normal driving; (b) however, considering the fact that the Defendant was the primary offender and agreed with the victim, the Defendant was sentenced to punishment; (c) there is no new circumstance or circumstantial relationship that may change the sentence of the lower court in the trial.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the lower court’s sentence may not be deemed to have exceeded the reasonable scope of discretion or be deemed to have been too unjustifiable.

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