The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment for eight months, one hundred and twenty hours of community service, and forty hours of instruction of compliance driving) is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendant, while driving a drinking alcohol without taking any measures to avoid a traffic accident, and causing injury to the victim who prevents it in the process of the crime. It is an unfavorable circumstance to the Defendant that the Defendant had the record of punishment for the crime of injury.

However, in light of the fact that the Defendant has no criminal history exceeding the fine, the degree of injury of the victim is not significantly serious, the vehicle of the Defendant appears to have been covered by the automobile insurance, and other circumstances shown in the argument of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, etc., the lower court’s punishment is too unfeasible and it is not deemed unfair, and thus, the prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.