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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of 10 months, 2 years of suspended execution, 160 hours of community service, and 40 hours of attending lectures) is too unhued and unreasonable.
2. The instant crime committed on board is an unfavorable circumstance where: (a) the Defendant, while driving a vehicle, caused a traffic accident by causing a traffic accident to incur severe injury to the victim, such as cerebral cerebral cerebrovassis, etc.; and (b) the nature of the relevant crime was very poor; (c) the degree of injury suffered by the victim, such as the victim’s unknown consciousness and paralysis, is very serious; and (d) it appears that the victim and his family members suffered considerable mental pain.
However, it is highly efforts to recover damage by taking loans from the police station on the following day after the defendant made an accident, the fact that he/she was able to find it in the police station on the following day after the accident occurred, and by providing 24 million won for an agreement with loans under difficult economic circumstances.
In full view of the favorable circumstances, such as the fact that the victim's family members agreed with the victim's family members, and the victim's family members want to take the Defendant's wife from the court below to the court below, the first offender, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., the court below's punishment is too uneasible and unreasonable.
The ground for appeal is without merit.
3. As the appeal by the public prosecutor is without merit, the appeal by the public prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That the court below’s ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, and decided to revise “Articles 148 and 54(1) of the Road Traffic Act” as “Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016)” as “Article 148 and 54(1) of the former Road Traffic Act.”