The prosecutor's appeal is dismissed.

1. The sentence of a fine of KRW 5 million imposed by the court below in light of the summary of the grounds for appeal (unfair sentencing) of the defendant's criminal records, etc. is too uneased and unreasonable.

2. In light of the following: (a) the reasons for sentencing indicated in the argument and the record of the instant case, namely, the Defendant was punished for drinking more than four times; and (b) the instant crime was driven without a license during the period of suspension of execution due to a violation of the Traffic Act (driving) and caused an accident in the vicinity of the pedestrian’s crosswalk, and the nature of the crime is not good; (c) there is a need to strictly punish the Defendant who appears to have the view of the law.

However, in light of the fact that the injured party does not want the punishment of the accused, the serious damage did not occur, the defendant is responsible for his family's livelihood, and the defendant's economic ability seems to have a considerable amount of punishment of 5 million won in light of the defendant's economic ability, it is reasonable to give the defendant an opportunity to once again only once. Thus, it does not seem that the court below's punishment should be changed because it is too unfeasible.

In the end, the prosecutor's improper argument of sentencing is not accepted.

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