The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years of imprisonment, three years of suspended execution, and forty hours of attending the law-abiding driving course) is too unfasible and unfair.

2. The crime of this case was committed by the defendant while driving under the influence of alcohol, and caused a traffic accident involving the victim's head, which led to the shocking part of the victim's head, and without any measures, by causing the victim to escape from the external wound so that the victim had no open address for at least eight weeks or more. The defendant's negligence is very large. The defendant's negligence is very serious. The victim was in a situation where he is unable to live independently due to brain damage, and the degree of injury is very serious. The blood alcohol concentration of the defendant was considerably high at 0.141% at the time of the crime of this case. The defendant committed the crime of this case while he was punished for a fine of at least three million won due to the violation of the Road Traffic Act in 1998 and 500,000 won due to the violation of the Road Traffic Act in 207.

However, in full view of the following circumstances: (a) the Defendant confessions the facts constituting an offense; (b) the taxi operated by the Defendant is subscribed to mutual aid; (c) the Defendant was partially negligent for the victim walking along the road even though the sidewalk was installed adjacent to the road; (d) the Defendant was living under detention for more than three months in the instant case; and (e) other various circumstances, including the Defendant’s age, environment, character and conduct, motive for committing an offense; and (e) the circumstances before and after committing an offense, which are the conditions for sentencing specified in the records and arguments of this case, cannot be deemed as being too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.