The prosecutor's appeal is dismissed.

1. The lower court’s sentencing (ten months of imprisonment and three years of suspended execution) against the Defendant as to the gist of the prosecutor’s grounds of appeal is unreasonable.

2. The prosecutor’s assertion of unfair sentencing is without merit, since the sentence imposed by the court below is deemed inappropriate because it is too unreasonable, considering the following factors such as the reason for sentencing favorable or unfavorable to the defendant, and all other conditions for sentencing, such as the defendant’s age, character, conduct, family relationship, property status, etc.

[Unfavorable Reasons for Sentencing] The Defendant was subject to criminal punishment twice due to a traffic accident caused by a drunk driving, and not less than four months after the final punishment was imposed, thereby leading to the instant crime.

The blood alcohol concentration at the time of the defendant's accident is 0.137% relatively high.

The driver's negligence, such as drinking driving, driving without a license, and violation of signal, is serious.

【Justifiable sentencing grounds】 The injury of the victim is a brain-dead ground that requires treatment for about two weeks, so it is not relatively much serious.

The liability insurance has been subscribed to and agreed with the victim at the investigation stage.

It supports both low-economic ability and young children.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.

[However, Article 38 (1) 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents shall be amended to "the imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents," and "Article 38 (1) 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents" shall be amended to "the imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents" and "Article 38 (1) 2