The prosecutor's appeal is dismissed.

1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, 40 hours of lectures for compliance driving, 40 hours of alcohol treatment, and 40 hours of lectures for alcohol treatment) on the gist of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Defendant was punished twice due to drinking alcohol driving in the past, and thereafter, the Defendant was sentenced to a suspended sentence of imprisonment by causing a traffic accident to inflict an injury on the victim by causing a traffic accident while driving under a license without permission, and was punished by a fine for the crime of refusing a police officer’s request for measurement of drinking alcohol. However, without any reflect, the Defendant committed the instant crime of causing a traffic accident while driving a motor vehicle in a state where normal driving is difficult due to drinking alcohol, and causing a traffic accident to inflict an injury on the victim.

In light of the criminal records of these defendants and the behavior of drinking driving, the risk of recidivism seems to be high.

On the other hand, it is favorable that the defendant reflects the crime, and that the victim of the traffic accident has reached an agreement with the victim.

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., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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.