The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant denies the crime that did not cause the above accident even though he had been punished several times due to the past violation of the Road Traffic Act (two times a suspended sentence of imprisonment, and four times a fine) and the violation of the Road Traffic Act (non-licensed driving). In light of the fact that he denies the crime that there was no occurrence of the above accident even though he was under the influence of drinking alcohol concentration of 0.144% even though he was under the influence of drinking alcohol concentration of 0.14%, the punishment (two years a suspended sentence of imprisonment in August, and 40 hours an order to attend probation and compliance driving) sentenced by the court below is too unafford.

2. Taking into account the circumstances alleged by the judgment prosecutor, the degree of damage to the traffic accident caused by the drinking driving of this case is not limited, the defendant agreed with the victim D of the traffic accident, the defendant has no criminal records since 2008, and other circumstances, including the character, conduct and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime, are considered as conditions for sentencing as shown in the records and arguments. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.