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 level of criticism is high in that the defendant driving a motor vehicle while driving the motor vehicle at a high level of 0.13% alcohol level while under the influence of high level of 0.13% during his/her blood while being punished for driving the motor vehicle, resulting in a traffic accident and causing injury to the victim.

However, in full view of all the sentencing conditions in the records and arguments, including the defendant's age, sex, environment, occupation, occupation, and circumstances after the crime, the sentence of the court below is too unafford and thus it is not unfair, in light of the following: (a) the victim does not have any punishment for the defendant by agreement with the victim; (b) the degree of injury suffered by the victim is not excessive; (c) the vehicle is covered by the automobile comprehensive insurance; (d) the defendant has no criminal record other than once a fine is imposed; and (e) the defendant has no criminal record.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That it is obvious that the omission of “the choice of each fine: the choice of each fine is a clerical error,” and it is corrected ex officio as it is the addition of this.)