2. In light of the fact that the Defendant had been punished for drinking driving prior to the instant drinking driving, and that the Defendant caused a traffic accident due to drinking driving, etc., the Defendant’s strict punishment should be imposed. However, the aforementioned previous previous departments have not been punished for about 10 years, and there is no other force than the above previous departments, the degree of injury is relatively minor, the Defendant’s vehicle is covered by the comprehensive insurance at the time of the instant traffic accident, and the damage from the traffic accident is anticipated, and the Defendant’s vehicle was agreed with the victim, and considering all the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and the circumstances after the crime, the Prosecutor’s assertion is without merit.

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.