The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the Defendant caused the instant traffic accident while driving under the influence of alcohol, and that the amount of alcohol concentration in the instant blood is very high to 0.160%.

However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is unafford and is not deemed unfair, and thus, is not recognized as unfair, in light of the following: (a) the Defendant was aware of the facts charged; (b) the Defendant did not have any history of punishment other than once before and after the penalty is imposed; and (c) the instant vehicle is covered by

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.