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. The judgment of the defendant has the history of criminal punishment for driving under drinking twice in the past, and the fact that the defendant's blood alcohol concentration at the time of the instant case was very high to 0.185% is disadvantageous to the defendant.

On the other hand, it is favorable that the defendant reflects the crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, and various sentencing conditions as shown in the records and arguments, the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and inappropriate.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.