The prosecutor's appeal is dismissed.

1. The sentence (7 million won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In addition to the records of the crime indicated in the judgment, the Defendant had been already punished five times due to drinking driving, but again committed the instant crime, so the risk of recidivism is high, and thus, a strict punishment is required.

However, in light of the motive, circumstance, and result of the crime in favor of the defendant, the circumstance after the crime, the circumstance after the crime, the defendant's age, the defendant's sexual behavior, and the sentencing guidelines, the statutory punishment, and the sentencing guidelines, the judgment of the court below exceeded the reasonable limit of discretion, when comprehensively considering the following factors: (a) the defendant divided the crime in this case; (b) the alcohol content among the blood alcohol driving in this case is 0.053%; and (c) the defendant has not been punished by a fine exceeding the present limit; and (d) the crime in this case was finally committed after about five years since around 201, when the defendant was punished due to drinking; and (e) the motive, circumstance, and consequence of the crime in favor of the defendant; (b) the crime in this case

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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.