The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor for eight months, and forty hours of lectures of compliance driving) is too uneasible and unfair.

2. In light of the fact that the Defendant, even though having been subject to punishment twice due to driving of alcohol, was involved in driving again and caused the instant accident while driving again, and the degree of injury suffered by the victim who was killed in the said accident (not less than six weeks prior to driving) is relatively heavy, the Defendant is not subject to such criminal liability.

However, there are favorable circumstances, such as the fact that the defendant recognized the crime, the fact that there was no previous conviction other than the fine, and the fact that the injured person is not subject to the punishment of the defendant by agreement with the victim, etc. In full view of all the sentencing conditions in the records, such as the above circumstances and the age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence of the court below is too unfeasible and unreasonable.

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