2. The Defendant’s blood alcohol concentration is considerably high, the Defendant suffered injury to the victim due to a traffic accident while driving under drinking, and the Defendant was punished twice due to driving under drinking, and the Defendant committed the instant crime even during the period of repeated crime due to a separate injury.

However, in light of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the fact that he does not repeat the crime, there is a family member to support, the fact that the injured party does not want the punishment against the defendant by agreement with the injured party, and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances and result of the instant crime, etc., the prosecutor’s above assertion is groundless since the sentence of the court below is too uneasible and unfair.

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.