The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. The judgment of the defendant has a record of being punished by a fine twice due to drinking driving, the crime of this case is not much long after the second detection of drinking driving, and the crime of this case is not likely to cause a traffic accident repeatedly, and the fact that the blood alcohol concentration level is high is disadvantageous to the defendant.

However, the court below's decision needs to be respected as there is no change in sentencing conditions compared with the original court's decision because new sentencing data are not submitted in the court below's trial, and the defendant will not repeat the driving of drinking in the future.

In full view of the following circumstances: (a) the Defendant’s vehicle is covered by a motor vehicle comprehensive insurance, and the victim’s damage recovery is guaranteed to a certain extent; (b) the Defendant has agreed to pay the victim D KRW 3 million, and one million to the victim F; (c) the Defendant has yet to live in good faith with an early old age in society; and (d) there is a need to give more opportunities once; and (e) other circumstances, such as the following circumstances after the commission of the instant crime, the Defendant’s character and behavior, the Defendant’s environment, age, etc., and the sentencing conditions specified in the instant records and arguments, do not seem to be unfair because the sentencing of the lower court is too unreasonable.

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.