The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and forty hours of participation in community service and law-abiding lecture) of the court below is deemed to be too uneasy and unfair.

2. The Defendant was punished by a fine for drunk driving in 2009 and 2011, and the blood alcohol concentration at the time of the instant crime was very high by 0.29%.

However, there is no record that the defendant was punished by a suspended sentence or heavier for the same crime.

Defendant

The driver's vehicle is covered by liability insurance, and the insurance money was paid for the physical damage suffered by the victim, and partial recovery of damage was made.

The Defendant committed the instant crime in depth and tried not to repeat the crime.

In addition, examining the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, it is difficult to see that the sentence of the court below is too unreasonable.

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