2. On March 26, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury resulting from Danger) in Busan District Court’s branch branch branch, which caused an accident while drinking, but was sentenced to a suspended sentence of two years on March 26, 2015, the Defendant once again carried out alcohol without a license during the suspended sentence and caused an accident.

However, in light of the favorable circumstances, such as the Defendant’s full recognition of the instant crime, the Defendant’s blood alcohol concentration at the time of the instant case is very low to 0.052%, and the Defendant’s occurrence of personal injury was not caused due to an accident caused by the Defendant, and the Defendant’s damage was minor and agreed with the driver of the damaged vehicle, and other favorable circumstances, such as the Defendant’s age, sexual conduct, environment, circumstances of the instant crime, and circumstances after the instant crime, and all of the sentencing conditions indicated in the records and changes theory, the sentence imposed by the lower court cannot be deemed unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.