The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant again committed the instant crime because he/she was punished several times due to drinking driving, and in particular, he/she did not have been issued a summary order due to the last drinking driving.

On the other hand, the fact that the defendant recognizes and reflects his mistake, there is no history of punishment exceeding the fine, and the fact that the first detection was made due to the unauthorized driving.

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, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.