2. It is recognized that the Defendant violated the signal and caused the instant traffic accident, and that the alcohol concentration in the blood of this case is higher than 0.164%.

However, in full view of all the circumstances in the record, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is uneasy and is not recognized as unfair, in light of the following: (a) the Defendant’s charge is recognized; (b) the instant vehicle is covered by a comprehensive insurance; (c) the Defendant was agreed with the victim; (d) the Defendant was driving the instant vehicle on the day after drinking the previous drinking; and (e) the Defendant was a primary offender; and (e) the Defendant’s age, sex, environment, occupation,

3. 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.