The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (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 uneased and unreasonable.

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 instance judgment regarding sentencing, and in light of the ex post facto core character of the appellate court, it is reasonable to respect the first instance judgment if there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (B) Each of the instant crimes is driving by the Defendant while driving under the influence of 0.112% alcohol concentration in blood, and thereby causing a traffic accident by negligence in violation of the signal, thereby causing injury to the third party, and it is recognized that the crime is not less than the quality of the crime, and one of the victims suffered serious injury falling under 6 weeks in total.

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's erroneous recognition and reflects against the defendant, the victims are not subject to punishment, the defendant's vehicle is covered by the comprehensive automobile insurance, the defendant's vehicle has no criminal record exceeding the same criminal record or fine, in addition to once a fine is imposed on the defendant, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, sexual behavior, environment, means and consequence of the crime, after the crime, etc., do not seem to be unfair because the sentence of the court below is too unscheduled.

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 decided as per Disposition.