The prosecutor's appeal is dismissed.

1. The sentencing of the court below (two months of imprisonment, two years of suspended execution, two years of probation, two years of social service, 160 hours of imprisonment) is too uneasy and unreasonable.

2. Determination

A. In light of the fact that the Defendant driving a cargo vehicle with blood alcohol level of 0.090% and did not enter into a mandatory insurance policy while under the influence of alcohol level of 0.09%, the Defendant needs to strictly punish the Defendant in light of the following: (a) the Defendant suffered an injury to the victims by taking the traffic signal at the intersection; (b) at the same time, the relevant crime is not good; (c) the victims are majority and the repair cost of the vehicle is 3,809,830 won.

B. Meanwhile, there are extenuating circumstances, such as that the Defendant did not have been sentenced to the previous punishment and imprisonment, led to a confession and a mistake, and that the Defendant would not repeat the said cargo by suffering the said cargo in the scrapping box, and that the Defendant was declared bankrupt on July 14, 2014 due to difficulties in living conditions due to the bereaved family members of persons who have rendered distinguished services to the State.

In addition, considering the Defendant’s age, family relation, circumstances and consequence of the crime, and all of the sentencing conditions indicated in the instant case, such as circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion 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.