The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. The judgment that the defendant has been punished as a crime of violating the Road Traffic Act (refluence of drinking), is disadvantageous to the defendant.

However, considering the fact that the victim was negligent in the occurrence of the traffic accident, the degree of injury of the victim is relatively minor, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant's fault is recognized and reflects his/her fault, and other circumstances mentioned in the arguments in this case, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the court below's punishment is too unfeasible and it is not deemed unfair, and thus the prosecutor's assertion is not acceptable.

3. The prosecutor’s appeal of the conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on the Aggravated Punishment, etc. of Specific Crimes, “Article 5-2(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes” as “Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes” shall be corrected ex officio to “Article 5-3(1)2 of the Act