The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. Unfavorable circumstances: Defendant committed the instant crime without being aware of during the period of probation.

Defendant has a criminal record of drinking alcohol driving.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

Considering the above unfavorable circumstances, the Defendant’s age, character and character environment, the motive and consequence of the crime, and the circumstances after the crime, etc., as well as the overall sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The prosecutor’s appeal of conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, since the erroneous office of Article 44(1) of the Criminal Procedure Act, which is the first part of the third part of the judgment of the court below, “Article 44(1) of the Criminal Procedure Act” is obvious, it shall be corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.