The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

In 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Control of Illegal Check Act, and committed each of the crimes in this case during the probation period.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions each of the crimes of this case, and is divided.

At the time of the instant case, the alcohol concentration among the blood of the Defendant is very high to 0.080%.

The Defendant was sentenced to a fine of around 2004, around 2006, and around 2013, which was somewhat old due to drinking, and thereafter there was no record of being punished for drinking until the instant crime was committed.

The crime of this case did not cause a traffic accident.

As the Defendant is currently under the above suspended sentence, it seems to be harsh in light of the alcohol concentration level, criminal records, and criminal progress, etc. in the instant case that the suspended sentence becomes invalidated as a result of the above suspended sentence.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.