The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. Although the Defendant had a record of being punished for driving alcohol in 2004 and 2007, the Defendant again performed driving while drinking alcohol and drinking alcohol concentration 0.118% during blood, etc., causing the instant accident is disadvantageous to the Defendant.

However, considering the favorable circumstances, such as the Defendant’s recognition of the instant crime, the victim’s injury is relatively minor, the Defendant agreed with the victim, the Defendant did not have any record of being punished by drinking after 2007, and there was no record of criminal punishment exceeding the fine, and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, and circumstances after the commission of the instant crime, the sentence imposed by the lower court cannot be deemed to be unfair as it is deemed unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.