The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, two years of suspended execution, 40 hours of community service order, 40 hours of compliance driving instruction) of the court below is too uneasy and unreasonable.

2. The decision-making defendant, even though he had the history of punishment twice due to drinking driving, does not take necessary measures to cause the instant traffic accident by driving under drinking while driving under the influence of alcohol, and the nature of the crime is not good and the degree of injury to the victim is significant.

It appears that the defendant seems to be disadvantageous to the defendant.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant repents and reflects his mistake; (b) the defendant has no other penalty force except for the punishment of fines twice due to the same crime; (c) the defendant's vehicle is covered by the comprehensive motor vehicle insurance; (d) the defendant's vehicle is smoothly agreed with the victim at the investigation stage; and (e) the second accident occurred after the accident in this case and the victim seems to have suffered serious injury.

In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.