The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment) is deemed to be too unhued and unfair.

2. The judgment is that the defendant has been punished five times due to a violation of the Road Traffic Act (driving), and that the defendant's drinking value is high is disadvantageous to the defendant.

However, in light of the fact that the defendant's mistake is recognized and against the defendant, that the defendant agreed smoothly with the victim, that the defendant's health is not good due to cancer, and that other circumstances revealed in the arguments in this case are considered, the court below's punishment is too unfasible and it is not deemed unfair, and thus, the prosecutor's argument is rejected.

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.