The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution to one year of imprisonment, and eight hours of community service) is too unfluent and unreasonable.

2. The judgment is an unfavorable condition to the Defendant, such as the fact that the Defendant driven while under the influence of alcohol, caused an accident by breaking the center line, and the occurrence of several victims, and the drinking volume is considerably high.

On the other hand, the fact that the defendant reflects the mistake, the fact that there is no previous conviction except once a fine, and the fact that the defendant has reached an agreement with the victim I is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 38(1)2 of the Criminal Procedure Act on the ground that it is apparent that the omission of “Article 38(1)2” in the following phrase “Article 38(1) of the Criminal Procedure Act among the application of the law of the lower judgment is clearly made, and thus, it is an addition and ex officio correction is made under Article 25(1) of the Regulation