2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant, with regard to the fact that the Defendant, while driving a vehicle at night after drinking a large amount of alcohol on the day immediately before the crime was committed, was negligent in performing his duty at night, etc., resulting in an injury to the victim by taking advantage of the victim’s vehicle on the vehicle that he driven, and at the same time, did not take any measures after destroying the vehicle that the victim driven, and that the crime is not good.

However, there is a favorable circumstance for the defendant, such as the fact that the defendant's mistake is recognized and there is no special criminal history, the injury suffered by the victim is relatively minor, and the injured person does not want the punishment of the defendant by mutual consent with the victim.

Considering all of the above circumstances and the sentencing conditions of Article 51 of the Criminal Act as seen in the record and the changes of the instant case, the lower court’s punishment is too uneasible and unreasonable.

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

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.