The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. Taking into account the sentencing conditions revealed in the records and arguments of the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence is too uneasible and unreasonable.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, it is corrected that the prosecutor’s appeal deletes all the “if there is a record of driving drinking not less than twice as above,” the last 1, 2, and 3 of the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.