The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. Although the Defendant was punished for drinking driving two times, the Defendant was sentenced to a fine of KRW 1.5 million in 199 and 2005, and the Defendant was sentenced to a fine of KRW 1.5 million in 199 and 2005, and the Defendant’s fine of KRW 4 million in the lower court’s punishment cannot be deemed to be the lesser amount, based on the Defendant’s economic power. In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is within the reasonable discretion, and it cannot be deemed to be unfair as it is too unreasonable.

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.