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. The crime of this case, which caused the traffic accident of this case where the defendant driving a drinking alcohol and resulting in the injury to two victims, shall not be deemed to be minor.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the degree of injury of the victims, and the fact that the accident vehicle has been covered by the motor vehicle comprehensive insurance, and that some damage has been recovered as a result of the occurrence of the accident, and that there is no other penalty force except for the same crime punished once by a fine, the defendant's age, sex, environment, motive for the crime, and the circumstances after the crime, the court below's punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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.