The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. At the time of the instant case, the Defendant’s blood alcohol concentration was considerably high by 0.173%, and the Defendant suffered injury that is relatively less light in need of three weeks’ treatment due to the instant crime, etc. is disadvantageous to the Defendant.

However, it seems that the sentence of imprisonment or imprisonment with prison labor is somewhat harsh in light of all the circumstances indicated in the instant case, etc.; there are no special circumstances or changes in circumstances; it is reasonable to respect the sentencing of the lower court where there is no change in the sentencing conditions compared with the lower court; where there is no change in the sentencing conditions, and the sentencing of the lower court is not beyond the reasonable scope of discretion, and there is no change in the sentencing of the Defendant, and it appears that the risk of recidivism is not high due to the absence of currently owned vehicles by the Defendant; the Defendant agreed smoothly with the victim; the Defendant is a first offender who has no previous record of punishment; the Defendant’s family and branch members are able to guide the Defendant; the Defendant’s wife is able to guide the Defendant; and the sentence of the Defendant, who is a student not commencing social life, is sentenced to imprisonment with prison labor or imprisonment with prison labor; and where the sentencing of the lower court does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2015>

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.