2. Determination

A. The instant crime is driving under the influence of alcohol level of 0.130% without a driver’s license, when the Defendant was at the time of the victim, resulting in an injury requiring six weeks’ medical treatment.

In light of the fact that a traffic accident occurred, resulting in injury to the victims, and even if the vehicle was damaged, it was not possible to recover the damage of the victims of the traffic accident, the defendant's responsibility is not less complicated.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not subject to a sentence, and all of the crimes were led to the confession of the Defendant, and that the victim does not want the punishment of the Defendant by endeavoring to recover damage caused by the injured victim, and that there is the wife and child who the Defendant should support.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, circumstances and result of the crime, etc., the sentence of the lower court is adequate.

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