The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. On April 17, 2012, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for a violation of the Game Industry Promotion Act, and committed the instant crime during the period of suspended execution.

In that the defendant's blood alcohol concentration at the time of the crime of this case was considerably high to 0.138%, the crime is not somewhat weak in that the defendant's blood alcohol concentration at the time of the crime of this case.

However, the defendant was divided in depth into the crime and did not repeat the crime, and he also disposed of the owned vehicle.

The degree of injury of the victims of traffic accidents is relatively minor, and the victims do not want punishment in consultation with the victims in addition to the victims' comprehensive insurance.

The defendant lives difficult while landscaping as a daily worker, and the family members and the branch members of the defendant want to keep up with the defendant's wife.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.