The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneasible and unfair.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, has a unique area for the determination of sentencing in the first instance, and that there exists an ex post facto in-depth nature of the appellate court, it is reasonable to respect the determination in the event 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 (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) Each of the instant crimes committed by the Defendant is driven while the Defendant was under the influence of alcohol level of 0.159%, while driving while the Defendant was under the influence of alcohol level of 0.159%, and thereby resulting in a traffic accident, resulting in the injury to three victims, and it is recognized that the nature of the crime is

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 punishment of the court below after the decision of the court below was made, the defendant's error and reflects depth, the defendant's vehicle was agreed with the victims, the victim's injury to the defendant's comprehensive motor vehicle insurance, the victim's injury to the defendant is relatively minor, the defendant does not have any criminal record exceeding the same criminal record or fine, 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, the circumstances after the crime, etc., do not seem to be unfair because the sentence of the court below is too unafford.

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.