The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, forty hours of order to attend a lecture, and 120 hours of order to provide community service) is too unhued and unreasonable.

2. The crime of this case is deemed to cause a traffic accident while driving under the influence of a driver without a license, and the nature of the crime is grave, and the defendant again committed the crime of this case even though he had the record of punishment for the same kind of crime several times, etc., which is disadvantageous to the defendant, but it is against the defendant's acknowledgement of the crime, and the victim's injury is relatively minor due to the accident of this case, the victim's age, character and behavior, environment, family relationship, circumstances after the crime of this case are considered as conditions for the sentencing of this case, including the defendant's age, character and behavior, family relationship, etc.

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

(However) However, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act in the context of the application of the law of the lower judgment is clear that “Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act” is a clerical error, and thus, it shall be corrected ex officio