The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (five million won in penalty amount) is deemed to be too unhued and unfair.

2. The Defendant committed the instant crime during the period of suspension of execution due to drinking or unlicensed driving.

However, in full view of the following circumstances: (a) the alcohol level at the time of driving the instant drinking alcohol is relatively low to less than 0.1%; (b) the Defendant’s driving vehicle constitutes a motor device bicycle under 125C; (c) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the offense; (d) the motive and circumstance of the offense; and (e) there are no special circumstances or changes in circumstances that may change the lower court’s sentencing after the crime; and (e) the lower court’s sentencing is not 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.