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 to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. The judgment of the defendant was rendered on October 19, 2006 a disposition to transfer the juvenile protection case due to a violation of the Road Traffic Act (drinking driving), etc., and there was a record of being sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving) on January 5, 2009, and the fact that the blood alcohol level at the time of the instant crime was not lower than 0.109% is disadvantageous to the defendant.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and the driving of drinking around October 2006 is committed by the defendant when he was a juvenile and about 10 years ago, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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.