The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

2. At the time of the instant case, the alcohol concentration of the Defendant’s blood was 0.160% higher, and the instant case occurred due to the Defendant’s fluenching of the central line, the victim suffered any minor injury that requires three weeks’ medical care due to the instant traffic accident, and even if the victim was involved in the accident that was at the time of the instant accident, the Defendant did not take any particular measure, and the nature of the crime is not weak, and there were records of being punished once due to drinking driving, etc. that are disadvantageous to the Defendant.

However, in full view of the various circumstances, including the fact that the defendant recognizes and reflects the crime of this case, the vehicle operated by the defendant is covered by a comprehensive insurance, the victim does not want the punishment of the defendant, the defendant's punishment for drinking is imposed by an agreement with the victim, and there is an interval between the case and the case, and there is no other traffic-related criminal records, and there is no other traffic-related criminal records, there is a wife and two children (one high school student, one college student) to support the defendant, there is no special relation or change of circumstances that may be newly considered in the trial, and there is no other special relation or situation that there is conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex behavior, motive for the crime, circumstances before and after the crime, etc., it cannot be viewed that the sentence of the court below is unfair because it 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.