The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The fact that the Defendant had been punished three times due to driving under drinking, etc. (two times a punishment, one time a suspended sentence), and the fact that the Defendant caused a traffic accident while under the influence of alcohol level 0.118% during the blood transfusion and did not reach an agreement with the victims that caused the injury to four victims, etc. is disadvantageous to the Defendant.

However, the fact that the defendant recognizes the crime of this case and reflects the defendant, the vehicle of the defendant is covered by a comprehensive insurance, and the vehicle of the defendant is removed from the defendant in the condition that the vehicle of the defendant and the victim are stopped in the future, and the victim's injury is minor one that requires the treatment of two weeks without any accident, the defendant's punishment for the same crime is punished for the same kind of crime in 2005, there is no special relation or change of circumstances that can be newly considered in the trial of this case, and the defendant's age, environment, sex, motive for the crime, and circumstances before and after the crime, etc. are considered as being too uneasible and unfair.

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.