The prosecutor's appeal is dismissed.

1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, two years of observation of protection, two years of community service, 80 hours of lecture of compliance, 40 hours of lecture of compliance) is deemed to be too uneasy and unfair.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has been punished for a fine twice due to drinking driving.

Moreover, even though a summary order of KRW 3 million was issued on June 29, 2017, several months have not elapsed since then, the instant crime was committed.

The victims who suffered from the crime of this case led to four victims.

On the other hand, the following conditions are favorable.

The defendant is recognized as committing a crime and is against the law.

There is no other punishment history in addition to the two times of drinking driving, and there is no punishment history exceeding the fine.

The degree of injury of the victims is relatively minor, and the comprehensive motor vehicle insurance in which the defendant has joined is expected to guarantee the compensation for the victims to a certain extent.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.