2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The circumstances favorable to the defendant: ① all of the crime of this case is recognized; ② the alcohol level of the defendant's blood at the time of the crime of this case is not high; ③ the defendant has no previous conviction or more than the suspension of execution; ④ the defendant's vehicle driving is covered by a comprehensive insurance; ② the defendant committed the crime of this case even if he was punished twice by a fine for driving under the influence of alcohol; ② the defendant neglected his duty of care to confirm the text message of cellular phone while driving under the heavy alcohol; ② the degree of negligence of the defendant's vehicle in the signal atmosphere is relatively heavy; ③ the degree of injury of one victim of this case's traffic accident of this case's traffic accident of this case has not been submitted; ③ there is no change in the sentencing conditions compared to the court below's decision, and there is no change in the sentencing conditions since new sentencing data are not submitted in the trial of the victim of this case's traffic accident of this case.

In full view of the overall matters and statutory penalty as conditions for sentencing, including the fact that the judgment of the court below exceeded the reasonable bounds of its discretion.

shall not be assessed.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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.