The prosecutor's appeal is dismissed.

1. In full view of the favorable circumstances, such as the Defendant’s blood alcohol content is very high as 0.23% of the Defendant’s blood alcohol content determination on the prosecutor’s assertion of unfair sentencing, but on the other hand, the Defendant’s blood alcohol content is relatively short in a drinking condition, and there is no criminal power for the same kind of crime against the Defendant. In full view of favorable circumstances, such as that the Defendant’s disabled person of class 5 with a delay disability has difficulty in economic circumstances, and other favorable conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, circumstances before and after the crime, etc., it cannot be said that the sentence imposed by the lower court (three million won of

2. 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.