2. The crime of this case is deemed to have been committed by the defendant while driving a motor vehicle under the influence of 0.139% alcohol concentration without taking necessary measures despite the shock of the victim, and the nature and circumstances of the crime are heavy. However, the defendant is a primary criminal without a criminal record, and the defendant is recognized as committing the crime of this case and reflects his mistake in depth. The defendant paid a reasonable amount to the victim at an investigative agency and agreed with the victim. At night, the negligence of the victim crossing the roadway without permission was caused by the accident of this case, and other various circumstances, including the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the prosecutor's assertion is not justified.

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