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. The Defendant committed the instant crime during the suspension period of the execution of the crime of drinking driving even though the Defendant was subject to criminal punishment four times due to driving under drinking, and the fact that the Defendant committed the instant crime during the suspension period of the execution of the crime of drinking driving (at present, the suspended period was imposed) is disadvantageous.

However, in full view of the favorable circumstances, such as the fact that the Defendant’s mistake is against the Defendant, the fact that the blood alcohol concentration in the blood was relatively high, and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

The ground for appeal is without merit.

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