2. The Defendant, even before driving under the influence of alcohol, was driving under the influence of alcohol, and caused the instant traffic accident, thereby causing the victims.

However, in full view of the following factors: (a) the Defendant recognized the facts charged; (b) there was no previous conviction in addition to one fine; (c) the victim’s injury was not much severe; and (d) the victims were not punished by the Defendant upon agreement with the victims; and (c) other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, occupation, environment, circumstances leading to the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment is deemed unfair and unreasonable.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the judgment of the court below as to the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents: Selection of Punishment: Imprisonment without prison labor for the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury): Inasmuch as it is obvious that the omission of each choice is a clerical error, it is corrected ex officio by adding it).