The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The Defendant, who was punished twice due to driving under drinking (two times a set of punishment) has a record of punishment, and at the time, the Defendant’s blood alcohol concentration was 0.134% at the time, and the Defendant’s blood alcohol concentration was 0.134%. Nevertheless, there is an unfavorable circumstance to the Defendant, such as the Defendant’s occurrence of a traffic accident while driving, causing injury to the victim.

However, considering the following circumstances, the defendant's recognition of and reflects on the crime, the injury suffered by the victim is not severe, the defendant's wife and two children are supported by the defendant, and the defendant is faithfully employed for about 24 years without any previous conviction except for the above two fines, and the defendant's previous conviction for driving drinking is a relatively long term of 202 and 2010 years. Considering the above circumstances, deprivation of his position by the crime of this case is judged to be harsh because of excessive difficulty for his dependants, and it is not recognized that the punishment imposed by the court below is unfair because it is too small. In light of other various circumstances, such as the defendant's age, environment, sex behavior, circumstances before and after the crime, and circumstances before and after the crime, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.

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