The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. In full view of the favorable circumstances such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the defendant had been sentenced several times of punishment for the same kind of crime, and the defendant's drinking value is high 0.131%, etc., the defendant's liability for the crime is not weak, but the defendant recognized the crime and reflects it, and there was no additional damage such as causing traffic accident due to the crime in this case, etc., the defendant's argument is not reasonable.

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.