2. While the Defendant had several penal records due to driving under drinking, he was killed in the accident while driving under drinking, and the alcohol concentration in the blood of this case is not lower than 0.098%.

However, in full view of all the sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is unfeasible and is not deemed unfair, in view of the following: (a) the Defendant’s charge is recognized; (b) the degree of injury to the victims is not excessive; and (c) the instant vehicle is covered by a comprehensive insurance policy;

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.