The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of ten months on April 28, 2016 due to a special intimidation, etc. and was in the probation and probation observation period after having caused a traffic accident (physical damage) while driving under drinking, and thus, did not comply with a police officer’s request for measurement of legitimate drinking. The Defendant committed the instant crime at a disadvantage.

However, in light of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the fact that the defendant does not repeat the crime, there is a family member to support, the fact that there is no record of punishment for the same kind of crime, and the fact that an agreement has been made with the victim regarding traffic accidents, and the age, sex behavior, environment, circumstances and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit.

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.