The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a car while under the influence of alcohol of 0.120%, the defendant was due to occupational negligence when he neglected to perform his duty of care at the intersection where the signal, etc. is not installed, and the victim F, who was faced with serious injury requiring about eight weeks of treatment. In light of the degree of violation of the defendant's duty of care and the degree of injury inflicted on the victim, the crime is very heavy, and the vehicle driven by the defendant is covered only by liability insurance, and there are circumstances where the victim cannot receive sufficient compensation. However, the defendant's error is recognized and the defendant appears to be in a very difficult situation in living, and there is no criminal power so punished, and there is no agreement between the victim and the defendant in criminal cases, and there is no other circumstance that the defendant agreed to do so before and after the crime of this case, the defendant's motive and circumstances, his occupation and behavior, the circumstances, the circumstances of the defendant's personality and behavior, and various circumstances before and after the crime of this case, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

[However, in the application of the law of the court below, it is clear that the "Article 37 (1) 2 and Article 50 of the Criminal Act among concurrent crimes" is an error in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (within the scope of the sum of the total amounts of the two crimes) among concurrent crimes," and thus, it is correct to correct that it is ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.