The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant driven a motor vehicle while under the influence of alcohol and caused a traffic accident, and the nature of the crime is not good. The alcohol concentration in the blood is considerably high by 0.168% at the time of the crime of this case, and the fact that the Defendant was punished for a fine of KRW 3 million on April 2, 2015 due to a violation of the Road Traffic Act (driving).

However, the circumstances favorable to the defendant are as follows: (a) the defendant recognized the crime of this case; (b) there is no particular criminal history other than once a fine; and (c) efforts to prevent the recidivism of drinking alcohol, such as the disposal of a motor vehicle, etc.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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.