The prosecutor's appeal is dismissed.

1. The prosecutor asserts that the defendant was in a difficult condition to drive normally due to influence of drinking.

This part of the facts charged is judged by the court below in detail and it seems appropriate.

It is insufficient to recognize that the defendant has driven a motor vehicle in a situation where it is difficult for him/her to drive the motor vehicle in a normal condition only with the evidence submitted by the prosecutor, such as the details of the report to detect the driver

The prosecutor's assertion of mistake is without merit.

2. The prosecutor asserts that the lower court’s imprisonment (six months of imprisonment and two years of suspended execution) is unjustifiable and unreasonable.

The court below determined a punishment in consideration of the various circumstances shown in pleadings, and it does not seem to change any other circumstances.

Considering the circumstances, such as the background leading up to an accident and the fact that the victim does not want punishment, the lower court’s punishment cannot be deemed unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.