The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for eight months of imprisonment, community service, and law-abiding lecture) is too uncomfortable and unfair.

Judgment

It is recognized that the defendant has escaped without taking measures such as rapidly changing the lane during drinking and saving the victim while causing an accident.

However, the defendant's blood alcohol concentration is lower than 0.059%, and the victim's injury was relatively low due to the second-way injury, and the defendant is a primary offender who has no record of punishment for the crime, and thus, the victim's substantial damage was recovered to some extent.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, it is not recognized that the lower court’s punishment is too uneasible and

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.