2. The crime of this case is deemed to have caused a traffic accident while driving a motor vehicle while under the influence of alcohol and causing the death of a passenger. While there are circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of this case even though he was under the suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., but the defendant committed the crime of this case. Meanwhile, considering the fact that the defendant recognizes the crime of this case, the victim's bereaved families do not want the punishment, the vehicle driving of the defendant is being covered by the comprehensive motor vehicle insurance, the traffic accident is deemed to occur while the victim took advantage of the defendant's vehicle, the vehicle is deemed to occur in the situation of the traffic accident, the means and methods of the crime, the situation before and after the crime, the age, character and conduct of the defendant, health condition, environment, occupation, family relation, etc., the punishment of the defendant sentenced by the court below cannot be deemed to be too unfair.

3. In conclusion, 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.

(However, it is evident that the "Article 38 (1) 2" in Part 5 of the judgment of the court below in Part 3 is a clerical error in Article 38 (1) 2 and 38 (2). Thus, it is correct to correct it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.