The sentence of the court below (two years of suspended sentence in 10 months of imprisonment) is too unfluent and unfair.

Judgment

The defendant did not thoroughly conduct the lifelong safety education as a captain, thereby causing significant damage to the victim, who is a seafarer, and operated the steering gear of the ship while under the influence of alcohol. The crime of each of the crimes of this case is not very good. The operation of the ship under the influence of alcohol is highly likely to lead to large accidents, and the necessity of punishment is high, and the defendant's blood alcohol concentration level is not lower than 0.118%, and the degree of injury to the victim is very low, and the victim's blood alcohol level is not agreed with the victim.

However, considering the following as a whole: (a) the fact that the Defendant recognized his mistake and is against the Defendant; (b) the fault of the victim who was to temporarily fix the said temporarily in the home is also deemed to be a major cause of the occurrence of the instant accident; and (c) the victim’s damage is likely to be recovered to a certain extent through insurance, etc.; and (d) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s previous offense; and (d) the Defendant’s criminal records, age, character and conduct; and (e) the Defendant’

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.