The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant caused an accident while driving a village bus used by the general public while under the influence of alcohol, and the damage therefrom is not easy. Nevertheless, the defendant again driving a second alcohol (0.189% alcohol concentration in blood) on the only day of the month in which the fire is in arrears, and the damage caused by the accident is recovered or not agreed with the victims, etc. are disadvantageous to the defendant.

However, the circumstances favorable to the defendant include not only the defendant was punished for driving under drinking prior to the crime of this case, but also the fact that there is no record of criminal punishment except the sentence of one suspended sentence on or around 2005 for traffic-related crimes, and that the defendant both recognize and reflects the crimes.

In full view of the above favorable circumstances and other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all the circumstances unfavorable to the Defendant, the lower court’s punishment cannot be deemed to be unfair as it is too unfasible, and thus, the 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 grounds that the appeal is without merit. It is so decided as per Disposition.