2. In light of the fact that the Defendant had been punished six times due to drinking or non-licensed driving (five times a punishment, five times a suspended sentence, one time a suspended sentence), and in particular, on February 15, 2017, the Changwon District Court sentenced a two-year suspended sentence to six months of imprisonment due to drinking, and the judgment became final and conclusive on February 23, 2017, and during the suspended sentence period, the Defendant committed the instant crime even though one month has not passed thereafter, it is highly necessary to punish the Defendant with strict punishment.

However, in full view of all other circumstances, including the Defendant’s age, environment, sex behavior, motive for the crime, and the circumstances before and after the crime, the lower court’s punishment is too uneasible and unreasonable if it is deemed that the Defendant’s punishment is too uneasible and unfair, in view of the following circumstances: (a) the Defendant’s wife and two children should support the Defendant; (b) there are no special circumstances or changes in circumstances to be newly considered in the trial; (c) there is no change in the sentencing conditions compared with the lower court’s judgment; and (d) the sentencing of the lower court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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