The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

On February 10, 2017, the Defendant committed each of the instant crimes again on one month after being punished by a fine due to drinking driving and driving without a license.

In addition, the defendant has been punished 6 times from 2000 to 2008 due to drinking and non-licensed driving, etc.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

The defendant's blood alcohol concentration is 0.063% lower than that of the defendant.

The defendant has no record of punishment in excess of fine, and the criminal record of drinking prior to the crime in 2017 is about 10 years prior to the crime.

In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the lower court’s punishment is too uneasible and 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 prosecutor's appeal is without merit. It is so decided as per Disposition.