2. The Defendant had a record of criminal punishment several times, including imprisonment, due to drinking driving or refusal to measure drinking, and, in particular, the Defendant committed the instant crime again during the period of repeated offense of drinking driving, and the responsibility for the instant crime is heavy.

Blood alcohol concentration is 0.194% high.

The amount of damage in fraud is not less than KRW 21 million, and the victims want to punish the defendant.

However, the defendant is against the defendant, and the victim does not want to punish the defendant by agreement with the victim of embezzlement.

In addition, considering the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the crime, as a whole, various conditions of sentencing indicated in the pleadings and records, it cannot be deemed that the lower court’s punishment goes beyond the reasonable limit of discretion.

3. The prosecutor's appeal of conclusion 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.