The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. Determination is recognized that the Defendant committed the same kind of crime even though he/she had a history of criminal punishment for driving under the influence of alcohol in 2016, and the Defendant committed the same crime, such as committing an accident while driving under the influence of alcohol and refusing to comply with the measurement of drinking, and the degree of injury suffered by the victim E is not easy.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the victim’s payment of insurance proceeds would have been deemed to have been recovered from damage; and (c) the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the instant crime; and (d) other circumstances that are conditions for sentencing, it is difficult to view the lower court’s punishment to be unfair as it goes beyond the scope of discretion, and is too unjustifiable.

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.