The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (4 million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment of the court below: (a) the defendant was sentenced to imprisonment on March 20, 2008 with prison labor for one year and two months on September 2, 2008; (b) six months on September 2, 2008; and (c) again committed the instant crime without being aware of the criminal records despite having been released on May 29, 2009; (c) the defendant's refusal to appear at an investigative agency's request for appearance; (d) the suspension of prosecution was delayed; and (e) the vehicle was returned to the victim due to the occurrence of the traffic accident; (e) although the defendant could not recover from damages caused by the instant crime, such as vehicle sirens, accident repair expenses, etc.; (e) the defendant was unable to obtain use from the victim; and (e) the defendant was unable to obtain from the court for bankruptcy and exemption from liability; and (e) the defendant could have been able to return the victim's given no other favorable motive to the victim; and (e) there were no other extenuating circumstances that the victim could have been returned to the victim's family.