The prosecutor's appeal is dismissed.

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

2. The circumstances unfavorable to the defendant are as follows.

In the instant crime, the Defendant’s blood alcohol concentration is very high to 0.234%.

Although the Defendant did not have acquired a driver’s license at all, the Defendant, while under the influence of alcohol, was driving a vehicle with two vehicles and buildings, resulting in the danger of driving a drinking or non-licensed driver’s license.

Prior to the crime of this case, the defendant has been punished several times for the same crime.

The conditions favorable to the defendant shall be as follows:

The defendant is in profoundly against his wrongness.

In 2006, the Defendant did not have any record of being punished for driving under drinking, except for a crime of violating the Traffic Act on the Road in 2006, and even a large number of crimes of violating the Traffic Act (unlicensed driving) are likely to have occurred while the Defendant raises his/her father on his/her old age while carrying out delivery services for his/her livelihood.

The defendant immediately recovered the victims of the crime of damage to property and agreed with the victims.

In full view of the various circumstances surrounding the above defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions specified in the records and arguments of this case, the court below's punishment is too unfeasible and unfair.

We do not accept the prosecutor's assertion.

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.