The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment of the court below is an unfavorable circumstance to the defendant, such as the fact that the defendant driving in a drinking state to cause the accident of this case, the fact that the victim was a student directed by the defendant, the fact that the victim's injury appears to have been serious due to the accident of this case, and the victim and his family members want to punish the defendant.

On the other hand, the fact that the defendant is fully aware of his criminal act, the fact that the defendant made efforts to recover the victim's damage, such as paying medical expenses for the victim after the occurrence of the accident in this case, seems to have been considerably restored to the victim's damage because the vehicle driven by the defendant is covered by a comprehensive insurance, and the degree of contribution to the accident in this case to the victim's injury is 20% to 25%, and the fact that the defendant is the first offender who has no criminal power is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

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