2. Since the driving of a vehicle under the influence of alcohol significantly high, resulting in damage to three persons by causing an accident, the circumstances and process of the crime are highly likely to be subject to criticism.

However, in full view of the following factors: (a) the Defendant is against the victim; (b) the victim was agreed with the victims; (c) the victim was relatively minor in the period of diagnosis; (d) there was no previous conviction other than the two types of fines and once; and (e) other various conditions of sentencing as shown in the argument in the instant case, such as the character, conduct, family environment, etc. of the Defendant, the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

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.