2. Determination is recognized that the Defendant had the past record of being punished for driving under drinking, and, in particular, even if having received a summary order due to driving under drinking on May 2017, repeated the same kind of crime within a short period.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant was committed against the victim; (c) the degree of the victim’s injury was relatively minor; (d) the victim was paid insurance money to recover damage; and (e) the Defendant agreed with the victim by paying KRW 15 million to the victim in the first instance trial; and (e) the Defendant’s age, sex, criminal conduct, environment, health conditions, family relationship; (b) motive, means, and consequence of the instant crime; and (c) other circumstances constituting conditions for sentencing, such as the circumstances after the commission of the crime, it is difficult to deem that the lower court’

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