2. Determination: (a) there is a history that the Defendant was punished by a fine due to the crime of violation of the Road Traffic Act in 2006 and 2011; (b) the Defendant’s blood alcohol concentration level higher than 0.173%; and (c) the Defendant escaped about about 10km while under the influence of alcohol and the risk of an additional traffic accident occurred; (b) on the other hand, the Defendant did not have any criminal record other than the above two-time fines; (c) Defendant’s vehicle is covered by a comprehensive motor vehicle insurance; and (d) the Defendant’s agreement was reached with the victim, taking full account of the circumstances leading to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and the various sentencing conditions specified in the instant pleadings, such as the instant case’s argument is not recognized to be unfair because the sentence of the lower court is too uneasible.

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.