The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged, although the defendant could sufficiently be found to have a difficult condition to drive normally due to the influence of alcohol at the time of the instant case.

B. The sentencing of the lower court (limited to the portion of the crime of unfair sentencing) is too uneasible and unfair.

2. Determination

A. In addition to the circumstances of the lower court’s assertion of mistake of facts, the following circumstances recognized by the record, namely, the Defendant appears to have driven alcohol to the extent of three hours after drinking, and the drinking alcohol is the same.

In light of the fact that the degree of each person's driving is different, it is difficult to conclude that the evidence submitted by the prosecutor alone was in a difficult condition to drive normally due to alcohol, and therefore, the lower court is justifiable to have acquitted this part of the facts charged.

B. As to the assertion on unfair sentencing, considering the following factors: (a) the Defendant reflects each of the instant crimes; (b) the Defendant’s vehicle is covered by a comprehensive insurance policy and the degree of damage is not so significant; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances leading to each of the instant crimes; and (d) circumstances before and after the instant crimes, etc., the lower court’s sentence cannot be deemed unreasonable as it is deemed unreasonable.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.