The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the Defendant was driving under drinking during the period of suspension of execution, the fact that the blood alcohol concentration is higher than 0.129%, and that the Defendant had already been punished four times due to driving under drinking.

On the other hand, the fact that the defendant was not in the period of suspension of the execution of a crime of drinking driving, the last time of the defendant's punishment for driving of drinking is about seven years from the driving of the drinking of this case, and the defendant's efforts not to drive drinking again while resisting his own crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is too uneasible and it is not deemed 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.