The prosecutor's appeal is dismissed.

1. The sentence of a fine of five million won imposed by the court below is too unfilled and unreasonable.

2. The instant crime committed by the Defendant, while driving under the influence of alcohol content of 0.137%, was committed by the victim while the victim was faced with an injury, such as blood transfusion, due to the injury of the victim, which requires medical treatment for about 16 weeks, but did not immediately stop and stop and take measures such as aiding the victim, and thus, the nature of the relevant crime and the criminal fact are not good. Thus, the Defendant should be punished strictly.

However, in light of the fact that the negligence of the victim, which was put on a one-way road, seems to constitute a significant portion of the cause of the accident. In particular, in the case of a driver of a vehicle driving behind the accident, even though the driver was under the influence of alcohol, it seems that there was considerable difficulty in securing the victim at the time of the accident without discovering the victim. The defendant agreed that the victim was only the victim at night, and the victim did not want to punish the defendant; the defendant does not want to have any previous conviction; the defendant does not have any previous conviction; and the defendant's age, character, character, environment, criminal record relationship, circumstances leading to the crime of this case, means and consequence, etc., as a whole, the court below's punishment is deemed appropriate, and the prosecutor's argument of unfair sentencing is not recognized as unfair because it is too unfasible.

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.