The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for not less than six months and two years of suspended execution) that the court below sentenced against the defendant is deemed to be too uneasible and unfair.

2. The fact that the victim suffered serious injury, the fact that it is difficult to find out the circumstances of efforts to recover damage other than compensation for damage through liability insurance, the fact that the victim has been sentenced to two times a fine due to traffic crimes, and two times a fine due to a two-dimensional crime is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, that there is some negligence on the occurrence of an accident even for the victim, that the defendant is the disabled in the fifth degree of brain disease, and that economic circumstances are difficult as conditional recipients under the National Basic Living Security Act, that the defendant has no criminal record of suspended execution or more, and that there is a family member to support the defendant.

Considering the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the defendant's age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the criteria for the recommendation, sentence, scope of sentence, and suspension of execution of the sentencing guidelines for the enactment of the Sentencing Committee (general grounds): positive social relation, clear social relation, there is no criminal conviction for suspended execution, and negative damage no effort to recover from damage, the court below's sentence cannot be deemed unfair, and thus, the prosecutor's allegation of unfair sentencing is rejected.

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.