2. The crime of this case was committed by the defendant while driving a vehicle with the central line when the victim was injured (the victim C died on January 2, 2014). The degree of negligence of the defendant is serious; the 15 victims suffered injuries due to the above accident; the defendant had a criminal record of the same kind of drinking driving; the victim did not agree with the victims; on the other hand, there was no criminal record exceeding a fine for about 20 years; in the defendant's liability insurance, the defendant's insurance money was paid to the victims, and some damages were recovered; and in the court, the defendant deposited KRW 2,80,000,000 in total for 14 victims other than the victims (the victim C died on January 2, 2014). Considering that the most large number of victims of the accident of this case were seeking the defendant's wife, and most victims did not have any favorable degree of harm to them, the circumstances and circumstances of the defendant's allegation that the defendant's punishment was unfair after the defendant's oral argument, and the circumstances of this case are too unfair.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Determination of imprisonment with prison labor for each of the choice of punishment” in the application of the judgment below ex officio is 1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, the imprisonment without prison labor is modified to “the imprisonment with prison labor for the crime of