2. In light of the fact that the Defendant was punished or discovered due to drinking driving twice even before the instant crime was committed, and the degree of injury of the victim was very heavy and the Defendant’s vehicle driven was subscribed to liability insurance, the Defendant did not harm the victim’s recovery or agreed with the victim, it may be deemed that the sentence imposed by the lower court is somewhat weak.

However, in full view of the following circumstances: (a) the Defendant’s mistake and reflects the fact that the blood alcohol content (0.048%) is relatively high; and (b) the Defendant’s age, character and conduct, environment, family relationship, and motive and circumstance of the offense, etc., the sentence imposed by the lower court is not deemed to be unreasonable beyond the reasonable bounds of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.