The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and two years of suspended sentence) on the defendant is too unfasible and unfair.

2. The fact that the Defendant was subject to punishment three times due to driving under drinking, and the occurrence of an accident while driving under the influence of 0.190% alcohol level during blood while driving, and the victim escaped without any relief measures, and that there was a risk that the victim might have caused the secondary accident by hiding the Defendant’s vehicle, etc., is disadvantageous to the Defendant.

However, the defendant's confession and reflects the facts of crime, the defendant's vehicle was covered by a comprehensive insurance, the agreement was made with the victim, the defendant's old age who is not good and the minor's child should be supported, the driver of drinking has no criminal record of suspended execution or more, and the defendant's vehicle will not repeat the crime in the future.

In full view of the fact that the Defendant is receiving treatment of alcohol addiction, and other circumstances, such as the Defendant’s age, environment, sex, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed unfair as it is too unfluent and 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.