The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.

2. The level of criticism is high in that the Defendant, even though he had the power to be punished for driving under drinking, is causing a traffic accident while driving a vehicle while driving the vehicle at a level of 0.106% alcohol level during his blood while driving the vehicle.

However, in full view of the following: (a) the Defendant’s mistake is against the victim; (b) the victims have not been injured; (c) the vehicle is covered by the comprehensive automobile insurance; (d) the victim G and H have agreed with the victim; (b) the Defendant has not been punished; (c) the Defendant has disposed of the vehicle; and (d) the Defendant has no criminal record other than once a fine was imposed; and (e) other conditions of sentencing indicated in the records and arguments, such as the Defendant’s age, sex behavior, environment, occupation, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

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 (Article 364 (4) of the Criminal Procedure Act: Provided, That the omission of "1. Selection of sentence: Imprisonment with prison labor for a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents," in the application of the judgment of the court below, is obvious that it is a clerical error, and it is corrected ex officio to add it.)