The prosecutor's appeal is dismissed.

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

2. In light of the fact that the Defendant again committed the instant drinking alcohol driving crime even though he/she had been sentenced to a fine of five million won due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (drinking) on January 2014, it is necessary to punish the corresponding strict punishment.

However, the fact that the defendant repents his mistake, and the defendant again does not stop from committing the crime of drinking driving.

In full view of the following facts: (a) the Defendant has no record of being punished as a crime of violating the Road Traffic Act in addition to the above criminal records; (b) the Defendant has no record of having been punished as a crime of violating the Road Traffic Act; (c) the same kind of criminal records and the circumstances of the Defendant’s sexual intercourse and environment; (d) the Defendant’s age, motive, means and consequence of the crime; and (e) other various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, are too unfeasible and unfair;

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.