The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The circumstances unfavorable to the Defendant, such as the fact that the Defendant was sentenced to a fine once due to drinking alcohol driving, the Defendant’s act of causing a traffic accident while driving the instant drinking, and the Defendant’s blood concentration level was considerably high by 0.143% at the time.

However, in full view of all other circumstances, including the Defendant’s previous conviction and blood alcohol concentration, the Defendant’s age, environment, sexual conduct, circumstances before and after the crime, etc., the physical damage appears to have been recovered due to the Defendant’s purchase of a comprehensive insurance policy, the distance of the Defendant’s driving is less than 20 meters, the Defendant’s two times of punishment including the above drinking driving, and the statutory penalty is a fine of not less than 3 million and not more than 5 million won. The lower court appears to have sentenced to a fine of not less than 4 million won equivalent to the middle of the above statutory punishment, taking into account the Defendant’s previous conviction and blood alcohol concentration, etc., and it is not recognized that the sentence imposed by the lower court is unfair because it is too unfeasible.

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.