The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The crime of this case by the Defendant is deemed to have caused a traffic accident while driving under the influence of alcohol with 0.193% of alcohol level, and the criminal liability is not minor in light of the circumstances, details, and degree of blood alcohol level.

However, in full view of the following circumstances: (a) the Defendant appears to have committed the instant crime; (b) the degree of injury suffered by the victim is relatively minor; (c) the Defendant agreed with the victim in the course of the investigation; (d) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance; (e) there is no history of having been punished for the same kind of crime; and (e) there is no history of having been punished exceeding the fine; (b) the lower court appears to have determined the punishment by fully considering the Defendant’s various circumstances; and (c) there is no circumstance to deem the lower court’s sentencing significantly unfair; and (d) the lower court’s age, character and behavior, environment, background and method of the crime; (d) circumstances after the crime; and (e) criminal records

Therefore, prosecutor's assertion is without merit.

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