The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a period of ten months) is too unhutiled and unfair.

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 determined a sentence by taking into account the following factors: (a) the Defendant’s mistake is against himself/herself; and (b) the Defendant agreed with the victim.

In full view of the fact that the Defendant was punished for drunk driving, the blood alcohol level of 0.168% is recognized as high, but the above punishment history is recognized as 207 and there is no particular criminal power except that, the degree of injury is not heavy, there is no new circumstance or ordinary relation to change of the lower court’s punishment in the trial, and other sentencing conditions, such as the Defendant’s age, character and behavior, circumstances and details of the accident, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unreasonable.

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.