The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment of the defendant has been punished several times for the same crime, according to the circumstances such as the fact that the defendant was under suspension of execution due to the crime without a license at the time of the crime of this case, and the distance of the defendant's driving is not short, it is reasonable to punish the defendant strictly

However, there are also circumstances to be considered for the defendant, such as the fact that the defendant was aware of the crime of this case, the fact that the defendant did not drive the vehicle while disposing of the vehicle, and the fact that the blood alcohol concentration was not very high at the time.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.