The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unfasible and unfair.

Judgment

The crime of this case is a normal situation that the defendant suffered injury to the victim due to the victim's driver's vehicle driven by the defendant while driving his/her alcohol at the next lane, and the quality of the crime is not good. The blood alcohol concentration at the time of the crime of this case is not lower than 0.10%, the criminal during the period of repeated crime, a fine of 50,000 won due to the violation of the Road Traffic Act (driving) on February 27, 2004, and a fine of 1.5 million won due to the violation of the Road Traffic Act (driving) on January 10, 2005, and on April 4, 2008, a fine of 5 million won has been punished due to the violation of the Road Traffic Act (Refusal of alcohol measurement).

However, the fact that the siren vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance (No. 13 of the evidence list, No. 26 of the evidence record, No. 35 of the evidence list, No. 1 of the evidence record, No. 110 of the evidence record, No. 52 of the trial record) and the fact that the degree of injury to the victim is not excessive is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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