The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (one year of imprisonment with prison labor, two years of suspended execution, one hundred and twenty hours of community service order) is too uneased and unreasonable.

2. The judgment of the Defendant, while driving a non-insurance vehicle while under the influence of alcohol, runs away from the scene even though the traffic accident causing the victim's injury and the damage of the damaged vehicle was caused, and the nature of the crime was very poor, and the alcohol level of the Defendant's blood was high by 0.121%, and the Defendant did not agree with the victim and did not recover damage to the victim, etc. is disadvantageous to the Defendant.

However, there are favorable circumstances, such as the fact that the Defendant recognized the instant crime and is in profoundly against the Defendant, and that the Defendant was punished by imprisonment for a period of three years and six months on June 5, 2009 due to special lectures, etc., but there was no previous conviction such as driving of the same kind of drinking, and that the degree of injury suffered by the victim is relatively minor.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too low.

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 grounds that the appeal is without merit. It is so decided as per Disposition.