The prosecutor's appeal is dismissed.

1. The lower court’s sentence (three months of imprisonment, one year of suspended sentence, one year of probation, observation of protection, community service work, 120 hours of compliance driving, 24 hours of compliance driving, and 40 hours of alcohol treatment) on the gist of the grounds of appeal is deemed to be too uneasy and unfair.

2. The instant crime was committed by the Defendant with alcohol content 0.139% in the blood on the new wall and resulting in an injury to the victim. The crime’s quality is not less than that of the crime, and driving of alcohol is highly likely to cause a threat to the life and body of others as well as himself/herself, and requires strict punishment.

On the other hand, there are favorable circumstances such as the fact that the defendant recognizes and reflects his mistake, the fact that the defendant agreed with the victim smoothly, and the fact that the defendant has no record of criminal punishment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.