The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (three years of suspended sentence for eight months of imprisonment) is too unhued and unfair.

2. The instant crime was committed by the Defendant without a driver’s license, resulting in a traffic accident involving human and physical injury while driving a vehicle while under the influence of alcohol without a driver’s license. In light of the content and circumstances of the crime, the crime is not less complicated, and the damage is still not recovered.

Furthermore, the defendant needs to bear strict responsibility for the defendant in that he has committed a crime of the same kind again even though he has been punished for the previous drinking driving twice.

However, considering the following as a whole: (a) the Defendant recognized the Defendant’s mistake; (b) the victim’s injury is relatively excessive; (c) the Defendant has no criminal record of suspended execution or more; and (d) other various sentencing conditions as shown in the records and arguments, including the Defendant’s age, character and conduct and environment; and (b) the scope of recommended punishment according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (at least eight months of imprisonment), it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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. It is so decided as per Disposition.