The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the 40 hours of compliance driving) is too uncomfortable and unfair.

2. In light of the above circumstances, it is not necessary to punish the Defendant solely in light of the following: (a) the Defendant, while driving a melting vehicle with a high alcohol level of 0.136% in the blood alcohol level; (b) caused the injury of the victim, who is the driver of the vehicle, due to the negligence of violating the signal, etc.; and (c) such crime is not good; (d) the Defendant did not agree with the victim; and (e) the Defendant had a criminal record of being punished by a fine of one million won due to driving under the influence of alcohol in 2007.

On the other hand, the fact that the defendant led to the confession of the crime and reflects on the crime, the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 1993, there is no history of punishment in addition to the punishment of a total of four fines from the 1007 imprisonment without prison labor to the 2007.

In addition, the lower court did not recognize that the sentence against the Defendant was too unafford, and that there was no special change in the judgment of the Defendant in light of the overall circumstances, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime.

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