The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration is very high to 0.163%, and the Defendant was punished for concurrent crimes with the crime of injury resulting from confinement, which is punishable by imprisonment with labor for a fine of KRW 1.5 million due to driving under drinking in 2001, and driving without a license in 2002: Provided, That the Defendant was punished for concurrent crimes with the crime of injury resulting from confinement.

The driving of drinking in 2003 has a record of being punished by a fine of 1.5 million won or a fine of 7 million won due to a driving without a license, etc., and the fact that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of it during the period of repeated crime due to interference with the performance of official duties.

However, in full view of the following circumstances: (a) the Defendant led to confession of and reflect on the facts constituting an offense; (b) the Defendant did not cause a traffic accident; (c) the same offense alone does not have any punishment exceeding the fine; and (d) the Defendant has long been punished; and (c) other various circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the Defendant’s age, environment, sex, motive for the commission of the offense; and (d) the circumstances before and after the commission of the offense,

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.