The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the factors indicated in the arguments and records of the instant case, including (i) the details and contents of the instant crime, (ii) the degree of injury of the victim (in particular, the circumstance after the instant crime was committed (in the lower court’s agreement only with the victim of the traffic accident), (iv) the future would not drive again, and (v) the Defendant’s age, occupation, economic mode, family relation (the beneficiary of the housing benefits), etc., and all the sentencing conditions indicated in the records, it is not recognized that the lower court, which sentenced the Defendant to a fine of KRW 2 million, exceeded the reasonable scope of discretion because the sentencing of the lower court, which sentenced to a fine of KRW 2 million, is too uneased.

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.