The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. The defendant is driving in numerical value of 0.099% of blood alcohol concentration.

In light of the fact that the traffic accident occurred and the seven victims suffered injury, the responsibility is not less complicated.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant did not receive the previous and the sentence, confession and reflects a crime, the degree of injury of the victims is relatively minor, and the Defendant agreed with the victims, and the vehicle is covered by the comprehensive motor vehicle insurance.

In addition, considering all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since the application of the law of the court below is obvious that the phrase "Article 38 (1) 2" in the part of the concurrent criminal prices stated in the application of the law is a clerical error in Article 38 (1) 2 and (2), it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure.