The prosecutor's appeal is dismissed.

1. The appellate court’s judgment dismissing each indictment against the violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act among the facts charged in the instant case, and sentenced the remainder of the facts charged, and only the prosecutor appealed against the conviction portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (a punishment of 10 months of imprisonment, 2 years of suspended execution, 40 hours of a compliance lecture, 80 hours of a community service order) is deemed unreasonable because it is too uneasible.

3. Considering the following circumstances: (a) the Defendant had a history of criminal punishment on several occasions, including the suspension of the execution of imprisonment for a crime, such as driving under the same kind of drinking, etc.; (b) the Defendant’s blood alcohol concentration is considerably high by 0.165%; and (c) the Defendant is driving a vehicle not covered by mandatory insurance with drinking or without a license; and (d) the Defendant inflicted an injury upon E and the end of a dispute between E and the victim of the accident.

However, there are extenuating circumstances, such as the fact that the defendant recognized the crime of this case and against the mistake, and that the defendant deposited 3 million won for the victim E with respect to the traffic accident and the damaged part.

In addition, comprehensively taking account of the fact that there is no special change in circumstances that the original judgment and the punishment are different from the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive, means, and consequence, the lower court’s punishment is too uneasible and it does not seem unfair.

Therefore, the prosecutor's above assertion is without merit.

4. 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.