2. The instant crime committed on board is a situation unfavorable to the Defendant, where the Defendant driven a vehicle while driving the vehicle without normal driving, while under the influence of alcohol content of 0.201%, and suffered injury necessary for the victim’s treatment for about two weeks. As such, the degree of the driving of the vehicle is very heavy, and the occurrence of traffic accidents is very heavy, and the nature of the crime is heavy, and the fact that the Defendant did not agree with the victim until now is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflects, that the substitute engineer was driving at the original substitute engineer and parked in another place near the defendant's house due to mistake, and that there are some circumstances to be taken into account in the process of the crime of this case; the degree of injury caused by the traffic accident of this case is not serious; the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance; the vehicle of this case is covered by the comprehensive motor vehicle insurance; the vehicle of this case has been deposited in one million won for the victim; and there are no criminal penalty power and the same kind of force exceeding the fine; the defendant's age, character and behavior, family environment, motive and background of the crime; the means and consequence of the crime; the circumstances before and after the crime, etc., it is not recognized that the punishment imposed by the court below is unreasonable because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.