The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 10,000,000) is too unhued and unreasonable.

2. Determination of the facts that the crime of this case is not good, that the blood alcohol level is very high, and that the defendant has a criminal record in the same kind of crime is disadvantageous to the defendant.

On the other hand, there are favorable circumstances such as the fact that the defendant appears to reflect his mistake, that the degree of injury suffered by the victim is not much serious, that the defendant agreed with the victim, and that the defendant does not have any criminal record exceeding the fine.

In addition, comprehensively taking account of the sentencing balance with the same crime, the background of the crime in this case, the circumstances after the crime was committed, the age, character and conduct, and environment of the defendant, etc. as well as the various sentencing conditions shown in the records and arguments, the prosecutor’s assertion is without merit, since the court below’s punishment is too unjustifiable.

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.