The punishment of the court below (two years of suspended execution for eight months of imprisonment, one of 120 hours of community service, and forty hours of law-abiding lecture) is too uncomfortable and unfair.

Judgment

The fact that the defendant has already been punished four times due to drinking driving, that the blood alcohol concentration of the defendant is very high to 0.320%, and that the defendant causes a traffic accident while driving without a license or driving under drinking is an unfavorable sentencing factor.

However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects the victim’s injury; (b) the degree of injury is not heavy; (c) the Defendant agreed with the victims; and (d) the Defendant’s health is not good; and (c) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime; (d) circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too unreasonable; and (e) thus, the Prosecutor’s

3. In conclusion, the prosecutor's appeal 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.