The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4.5 million won in penalty) is too unfluent and unreasonable.

2. The crime of this case was committed on the part of the defendant while driving under influence of alcohol and causing injury to the victim. The crime of this case was committed on the part of the victim while driving under influence of alcohol, which is considerably poor in the quality of the crime, which has been punished by a fine due to driving under influence of alcohol, which is considerably high in the volume of alcohol level, etc., but is disadvantageous to the defendant, or the defendant's wrong act, which is contrary to the defendant's wrong act, the victim's arbitrary agreement with the victim does not want the punishment against the defendant, the damage suffered is relatively minor, the victim's injury is relatively minor, and the above driving prior conviction is committed on the part of the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc., it cannot be deemed unfair because the court below's punishment is too unfeasible, considering various sentencing conditions shown in the records and arguments of this case, such as the records and arguments of this case.

3. Since the appeal by the public prosecutor is without merit, he/she is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, the pertinent Article of the Act on Criminal Crimes and Article 2’s 1 of the Presidential Decree on the preference of punishment among the application of the judgment of the court below shall be corrected as “Article 2 subparag. 8 of the proviso of Article 2.”