The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The judgment driving is a crime that may inflict a great harm on an unspecified person, and is highly dangerous in society, the defendant's blood alcohol concentration was high at the time of driving alcohol, the defendant has already been punished several times due to drinking driving on September 2014, and in particular, he/she again commits the instant crime without being aware of a fine by driving without a license on September 2015 and without being aware of the fact that he/she committed the instant crime. In light of the above, strict punishment against the defendant is necessary.

However, in full view of the following: (a) the Defendant recognized his mistake and reflects his depth; (b) there is no history of crime exceeding the fine imposed on the Defendant; (c) the punishment for driving under drinking after 2006 is the second one; (d) the distance of driving under drinking is short; (c) the driving of drinking does not cause an accident due to drinking; and (d) other various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual behavior; and (e) the environment, etc., the Prosecutor

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.