The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 4,00,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

In 2011, the Defendant was punished for the violation of the Traffic Act (refluence of drinking), and each of the fine due to drinking and non-licensed driving in 2012, but committed the instant drinking driving.

In light of the criminal records of these defendants and the behavior of drinking driving, the risk of recidivism is high.

I seem to appear.

On the other hand, the following conditions are favorable.

The defendant is recognized as committing a crime and is against the law.

Defendant did not have been punished for the same crime for 6 years from the crime of 2012.

At the time of the instant case, the alcohol concentration among the blood of the Defendant was 0.109% high.

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., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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.