The prosecutor's appeal is dismissed.

The reason for appeal by the prosecutor is that the sentence of the court below is too minor.

The defendant, while driving a vehicle while under the influence of alcohol, has caused two traffic accidents and has refused to take a drinking test, and the quality of the crime is poor.

However, the crime of this case was committed before the enforcement of the current Road Traffic Act with a higher statutory penalty, and in addition to all the circumstances described in the reasons for sentencing and all other conditions of sentencing indicated in the records, it cannot be deemed that the sentence imposed by the court below against the defendant was made within the scope of the court’s sentencing discretion, and it cannot be deemed that it is too somewhat less light to avoid reversal.

The prosecutor's appeal is dismissed.

[However, the part of the court below's application of the Act on the Aggravated Punishment, etc. of Specific Crimes, which provides that "the punishment imposed on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment" shall be sentenced to "the punishment imposed on the crime of violating the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (the crime of violating the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (the crime of intentional injury) with respect to the crime of violating the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (the punishment) with respect to the crime of violating the Act on the Aggravated Punishment, etc., of Specific Crimes, which is sentenced to 4 through 5 shall be corrected by adding "the imprisonment with prison labor with prison labor with prison labor which is the largest punishment"