The prosecutor's appeal is dismissed.

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the Defendant, while driving a taxi under the influence of 0.159% alcohol concentration, caused the injury of the victim, who is the breath, by causing the traffic accident of this case where he was ultimately charged with the transferred telegrams, it cannot be deemed that the nature of the crime of this case or the possibility of criticism is less light. However, the victim was taken advantage of the defendant's friend as the friend of the defendant, not the friend, by mutual consent with the victim at an investigative agency, the victim was not punished, and the defendant took the attitude of recognizing and reflecting the fact that the friend of this case was admitted to the Financial Cooperative, and the defendant took the attitude of reflecting the fact that there was no record of punishment for the same crime after being sentenced to a fine for a drunk driving around 203, and other circumstances such as the defendant's age, character and behavior, environment, criminal records, criminal history, circumstances, etc., the sentencing decision at the lower court is within the reasonable scope of discretion of sentencing.

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.