The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (ten months of imprisonment, two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) is deemed too uncomfortable and unfair.

2. Determination

A. The defendant is driving in the blood alcohol concentration of 0.155% higher

In light of the fact that a traffic accident occurred and the victim is difficult to recover due to the current state of cerebral blood, the responsibility of the defendant is not weak.

B. On the other hand, there are favorable circumstances that can be considered, such as the fact that the Defendant had no previous penalty or imprisonment without prison labor, the confession of the crime, reflects the fact that the Defendant supports his married (eight years of age) who is living alone, the Defendant agreed with the family members of the victim, and the Defendant’s vehicle was covered by the comprehensive motor vehicle insurance policy.

In addition, considering the Defendant’s age, character and behavior, living environment, details and result of the crime, and the circumstances after the crime, the sentence of the lower court is adequate.

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