The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unfair.

2. The Defendant, even though having had the history of punishment twice due to drinking driving, caused the instant traffic accident by negligence, which caused the instant traffic accident to the effect that he/she is driving in a state of drinking again, resulting in the victim’s injury.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the facts charged, the fact that there is no previous conviction in addition to the fine, the driving vehicle is covered by a comprehensive insurance, the degree of injury suffered by the victim is relatively minor and the injured person is not subject to the punishment of the Defendant, and the age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s sentence is unfeasible and is not deemed unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act (Article 364(2) of the Criminal Procedure Act applies to the judgment of the court below. However, since it is obvious that “the decision of imprisonment” in the first sentence of Article 3 of the Act is a clerical error in