2. Determination is an unfavorable condition that the Defendant suffered injury from the victims of a traffic accident while driving under drinking, and that there was a history of punishment twice due to drinking.

However, considering the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the degree of injury of the victims is not excessive, the vehicle of the defendant is expected to have been covered by the motor vehicle comprehensive insurance in 2009, and that part of the damage is expected to be recovered due to the defendant's subscription to the motor vehicle comprehensive insurance, the defendant has been living in a sex since 2009, and that there is a family member to be supported, and all of the sentencing conditions in the instant case, such as the defendant's age, sexual behavior, environment, background and result of the instant crime, etc., the court below's punishment is too uneasible and unfair, and the prosecutor's allegation above is without merit.

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.