The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Unfavorable circumstances: The crime of this case is deemed to be inferior in terms of alcohol concentration during blood.

The favorable circumstances: the defendant is the first offender.

With the agreement with the victim, the injured party does not want to punish the accused.

Considering all the circumstances in the arguments and records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age, character and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.