The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that it is improper for the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the community service work 120 hours, the order to attend a law-abiding driving lecture 40 hours) so far as it is too unhu

2. It is recognized that at the time of the instant crime, the Defendant’s blood alcohol concentration was high, the injury suffered by the victim is not less than that of the instant crime, and the Defendant was punished three times by a fine for the same kind of crime.

However, the fact that the defendant recognized the crime of this case and reflected, that the defendant agreed with the victim at the investigation stage, and that the defendant did not sell and repeat the vehicle used for the crime of this case.

Considering the fact that the sentencing of the lower court is too unfasible and unfair, considering the fact that the Defendant has no record of punishment exceeding the fine due to the same kind of crime, and other factors of the sentencing indicated in the record and the theory of change, such as the age, sex, and circumstances after the crime, etc. of the Defendant.

3. 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.