The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for one year of imprisonment, two years of probation, and 80 hours of attending the law-abiding lecture) is too uncomfortable and unfair.

Judgment

The Defendant committed the instant crime in addition to several months in which the driver’s license was revoked by being sentenced to a fine of KRW 3 million due to drinking driving in 2013, the Defendant’s blood alcohol concentration is very high to 0.201%, the Defendant’s negligence caused the instant accident while driving along the road beyond the central line where the chemical team is installed, and the degree of the victim H’s injury caused by the instant accident is very heavy.

However, it is a favorable sentencing factor, such as the fact that the defendant recognized his mistake, paid eight million won to the victims, agreed that the vehicle of the defendant is covered by a comprehensive insurance, that the defendant suffered considerable injury in the accident of this case, and that the health of the defendant is not good.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.