The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the defendant committed the instant crime during the suspension period of execution due to a violation of the Road Traffic Act even though he/she had a previous conviction related to traffic on several occasions, strict punishment against the defendant is required.

However, in full view of the following facts: (a) the Defendant’s mistake was already divided in depth; (b) the Defendant did not have any particular criminal history other than the above suspended sentence since 2010; and (c) the Defendant’s age, sex and family environment; (d) motive, means and consequence of the crime; and (e) various sentencing conditions specified in the instant argument, such as the circumstances after the crime, are deemed unfair because the lower court’s punishment is too uneasible; and (e) the Prosecutor’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.