The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The alcohol content among the blood of this case is not lower than 0.108%, and the Defendant did not agree with the victim, and the Defendant was punished for driving under the influence of alcohol.

However, the degree of injury of the victim due to the accident of this case is not severe, and the defendant deposited 3 million won for the victim, and the vehicle operated by the defendant is covered by a comprehensive insurance.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as uneasible and unfair.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.