The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution in the period of eight months of imprisonment, community service work 120 hours, compliance driving lectures 40 hours) is too unfford and unfair.

2. However, despite the fact that the Defendant had been under the four times of suspension of the execution of imprisonment due to driving under drinking, even though he had the history of being sentenced to four times of imprisonment or punishment due to driving under the influence of alcohol, causing a traffic accident by the central line, and due to this, there is a large degree of criticism in that the Defendant was under the influence of the victim, but has not yet been punished by the victim

However, in full view of all the sentencing conditions indicated in the records and arguments, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too uneasy and it is not recognized as unfair, in light of the following: (a) the defendant was committed; (b) the defendant would not repeat again while disposing of the vehicle used for the crime; and (c) the defendant is endeavoring to recover damage, such as performing his liability for reimbursement to the insurance company on the part of the victim who paid the medical expenses, etc.; and (d)

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