The prosecutor's appeal is dismissed.

1. As to the grounds for appeal, there are circumstances unfavorable to the Defendant, such as the following: (a) the Defendant committed the instant crime during the period of probation after having been sentenced to a suspended sentence for committing a crime similar to the instant crime; (b) the probation officer’s instructions while being placed on probation along with alcohol dependence treatment; and (c) the Defendant was under the influence of alcohol at the date of the original sentence.

However, the fact that the defendant is divided and reflected in the crime of this case, the police's arrest of the defendant under the influence of alcohol to the guardian and arrest the defendant under the influence of alcohol to commit the crime of this case, and therefore, it appears that the crime of this case was committed on a contingent basis. The value of damaged public goods is relatively small, the defendant's act does not proceed to the obstruction of performance of official duties, the defendant has recently married and does not drink again (the defendant's wife is under alcohol dependence treatment as well as the defendant), and the defendant is hospitalized in the hospital to cure alcohol dependence dependence, and other various sentencing conditions as shown in the record such as motive and circumstance leading to the crime of this case, circumstance before and after the crime, the defendant's age, character and behavior, environment, occupation and family relation, etc. are considered, it cannot be viewed that the fine of this court (five million won) is too uneased and unfair.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.