The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. Despite the history of punishment three times due to driving of alcohol, the level of criticism is high in that the Defendant, while driving a motor vehicle while driving the motor vehicle at the altitude of 0.128% at the same time, resulting in a traffic accident and causing injury to the victims.

However, in full view of all the sentencing conditions shown in the records and arguments, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unfasible and unfair, in light of the following: (a) the victims are not subject to the punishment of the defendant by agreement with the victims; (b) the victims are relatively minor; and (c) the vehicle is covered by the comprehensive motor vehicle insurance; and (d) the vehicle is covered by the defendant's age, sex, environment, occupation, and circumstances after the crime.

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