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. Determination was made with high alcohol concentration and the defendant's driving of alcohol was caused by traffic accidents while driving alcohol. Thus, the risk of driving alcohol was realized.

In addition, the defendant has been sentenced to a fine due to drinking driving even in 2006.

This is disadvantageous to the defendant.

However, the defendant reflects his fault in depth and agreed with the victim.

Except for the previous conviction of the fine, no driving of drinking or traffic-related criminal records are available.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.