The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 9 million (a fine of KRW 9 million) is too unhued and unreasonable.

2. Determination is that the risk of drunk driving is realized as a traffic accident occurs due to the instant drunk driving, and that the distance of the Defendant’s blood alcohol level at the time of the instant drunk driving is high and the distance of the drunk driving is considerable is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, that the defendant has no criminal history exceeding the punishment or fine imposed for the same kind of crime, and that the damage caused by the traffic accident seems to have been compensated is a favorable condition for the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be excessively unreasonable.

Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.

(However, Article 53 and Article 55 (1) 3 of the Criminal Act is apparent in the second page 11 of the judgment of the court below, since it is a clerical error in Article 53 and Article 55 (1) 6 of the Criminal Act, it shall be corrected in accordance with Article 25 (1) of the Regulations on Criminal Procedure.